Rudis Lopez Prieto et al v. Contra Costa County et al

Filing 26

STIPULATION AND ORDER re 25 STIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference and Related Dates filed by Contra Costa County. Case Management Statement due by 1/31/2018. Initial Case Management Conference set for 2/7/2018 at 2:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge Jon S. Tigar on October 30, 2017. (wsn, COURT STAFF) (Filed on 10/30/2017)

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SHARON L. ANDERSON (SBN 94814)
County Counsel
PATRICK L. HURLEY (SBN 174438)
Deputy County Counsel
COUNTY OF CONTRA COSTA
651 Pine Street, Ninth Floor
Martinez, California 94553
Telephone: [phone]
Facsimile: [phone]
Electronic Mail: [e-mail]
Attorneys for Defendant
CONTRA COSTA COUNTY

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RUDIS LOPEZ PRIETO, an individual;
OBDULIA ROMERO PRECIADO, an
individual; GONZALO PRECIADO, an
individual; J.P. a minor and an individual,
by and through his Guardian Ad Litem,
RAUL ALVORADO,

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STIPULATION AND [PROPOSED]
ORDER CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
RELATED DATES

Plaintiffs,

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No. C17-02663 JST

v.

CMC: November 8, 2017

CONTRA COSTA COUNTY, a municipal
corporation; C. MACDONALD,
individually and in his capacity as a Contra
Costa County Deputy Sheriff; KEVIN
EIERMAN, individually and in his capacity
as a Contra Costa County Deputy Sheriff;
AMY FOSTER, individually and in his
capacity as a Contra Costa County Deputy
Sheriff; and DOES 1-50, inclusive,

Crtrm: B, 15th Floor 9, 19th Floor
Judge: Hon. Jon S. Tigar, Presiding
Date Action Filed: May 8, 2017
Trial Date: None Assigned

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Defendants.

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED DATES - Case No. C17-02663 JST
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IT IS HEREBY STIPULATED by and between Plaintiffs Rudis Lopez Prieto, Obdulia

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Romero Preciado, Gonzalo Preciado, J.P. a minor and an individual, by and through his

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Guardian Ad Litem, Raul Alvorado and Defendant Contra Costa County, by and through their

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attorneys, to the following:
The parties stipulate to a continuance of the Case Management Conference, currently

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scheduled for November 8, 2017, for 60 to 90 days to a date convenient to the Court’s

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calendar. The stipulation is based on the following:

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In August 2017, defendant Contra Costa County filed a motion to dismiss the Monell

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claim against it (which is the only claim brought against the County in the complaint). That

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motion was granted with leave to amend on October 12, 2017. Plaintiff has until November 2,

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2017 to file an amended complaint. Until an amended complaint is filed (if one is filed), it is

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unknown whether the County will remain a defendant in the case. If an amended complaint is

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filed and names the County as a defendant, the County may file another motion to dismiss

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which will not be heard for another 40-60 days.
The individual defendants have not yet been served. Although the parties anticipate

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that they will be served in the next 15 days, the deadline for those defendants to respond to the

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complaint will come after the date currently set for the Case Management Conference.
Based on the foregoing, it is difficult for the parties to meet and confer and prepare a

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Joint CMC statement because (1) there is no operative complaint currently on file, (2) the case

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is not at issue, (3) and it is not known what defendants will be in the case at the time of the

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CMC.

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED DATES - Case No. C17-02663 JST
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In light of the current procedural posture, the parties believe good cause exists to

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continue the CMC for 60 to 90 days to a date convenient to the Court’s calendar.

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IT IS SO STIPULATED.

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DATED: October 27, 2017

SHARON L. ANDERSON
COUNTY COUNSEL

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By:

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/s/Patrick L. Hurley
Deputy County Counsel

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Attorneys for Defendant
CONTRA COSTA COUNTY

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DATED: October 27, 2017

JOHN L. BURRIS LAW OFFICES

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By:

/s/Lateef Gray
Attorney for Plaintiffs
RUDIS LOPEZ PRIETO, OBDULIA ROMERO
PRECIADO, GONZALO PRECIADO and J.P. a
minor and an individual, by and through his
Guardian Ad Litem, RAUL ALVORADO

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED DATES - Case No. C17-02663 JST
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ORDER

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There is good cause to continue the initial Case Management Conference and related

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February 7, 2018
dates. Case Management Conference is continued to ______________________ at 2:00 P.M.

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before the Honorable JON S. TIGAR. The Joint Case Management Conference Statement is

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January 31, 2018
due _____________________. All associated dates, including the date for the parties to

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exchange initial disclosures, are likewise continued.

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IT IS SO ORDERED.
October 30, 2017
DATED: ________________

By:______________________________
HON. JON S. TIGAR
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED DATES - Case No. C17-02663 JST
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