Ortega v. City of Santa Clara et al

Filing 59

ORDER by Judge ARMSTRONG granting 57 Motion for Extension of Time to File (lrc, COURT STAFF) (Filed on 12/14/2012)

LORI E. PEGG, Acting County Counsel (S.B. #129073)
MARK F. BERNAL, Deputy County Counsel (S.B. #173923)
2 OFFICE OF THE COUNTY COUNSEL
70 West Hedding Street, East Wing, Ninth Floor
3 San Jose, California 95110-1770
Telephone: [phone]
4 Facsimile: [phone]
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Attorneys for Defendants
COUNTY OF SANTA CLARA
6 (Erroneously Sued As Santa Clara County Jail)
MARK RITCHIE, M.D., AMARJIT GREWAL, M.D.,
7 BEVERLY PURDY, M.D., OFFICER GILL,
LAURA RODRIGUEZ, DENNIS GILLOTTE,
8 GILDA VERSALES, M.D.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARLOS ARMANDO ORTEGA,

No. C09-5527 SBA

Plaintiff,

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v.

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SANTA CLARA COUNTY JAIL, et al.,

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DEFENDANTS’ REQUEST FOR
EXTENSION OF TIME TO FILE A
DISPOSITIVE MOTION

Defendants.

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I, Mark F. Bernal, declare as follows:

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1.

I am an attorney duly licensed to practice law in the State of California and am

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admitted to practice in the Northern, Eastern and Southern Districts of this Court. I am the attorney

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representing all Defendants who have appeared in this action.

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2.

This is Defendants’ first request for an extension of time to file a dispositive motion.

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As explained in greater detail, below, the primary reason for this request is that the nature of the

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claims presented requires multiple consulting witnesses to review almost three years of medical,

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psychiatric and pharmaceutical records, and then prepare declarations in support of a summary

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judgment motion, which cannot be completed within the time period established by the Order of

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Service.

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Defendants’ Request for Extension
of Time to file Dispositive Motion

C09-5527 SBA

3.

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This is an action by an inmate of the Santa Clara County Main Jail alleging that five

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different medical doctors were deliberately indifferent to his serious psychiatric needs over a two

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and one-half year period (March 2007 through September 2009) by denying him psychiatric

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medications, psychiatric treatment, and proper medical housing, all of which he alleges caused him

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severe psychological and physical side effects. He also alleges that from May 13, 2009 through

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September 29, 2009, and from December 3, 2009 through January 3, 2010, correctional officers

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denied him his due process rights by placing him in administrative segregation housing without a

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hearing.
4.

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This Court’s Order of Service directs Defendants to file a Motion for Summary

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Judgment within 60 days of the date their answer to the amended complaint is due. The deadline for

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filing such a motion is December 20, 2012.
5.

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This office filed an answer to the amended complaint on September 18, 2012, and has

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since been in the process of collecting years of evidence for review by medical, psychiatric, and

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pharmaceutical consultants for purposes of addressing the appropriate nature of plaintiff’s medical

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care.

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6.

Based on my review of the evidence thus far, I believe that a Motion for Summary

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Judgment on behalf of the Defendants is appropriate and should be granted. However, there is not

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sufficient time between now and December 20, 2012, for Defendants’ consultants to review the

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voluminous records and prepare declarations in support of the Motion. I anticipate that I will be able

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to file the dispositive motion on or before January 25, 2013.

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7.

I request that the court extend the time within which to file a Motion for Summary

Judgment on behalf of the Defendants to January 25, 2013.
I declare under penalty of perjury that the foregoing is true and correct and that it was
executed at San Jose, California on November 30, 2012.
/S/

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Mark Bernal
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Defendants’ Request for Extension
of Time to file Dispositive Motion

C09-5527 SBA

ORDER

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The Defendants having applied for an extension of time within which to file a Motion for

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Summary Judgment and good cause appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED and DECREED that:

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Defendants shall file a Motion for Summary Judgment or other dispositive motion no later than

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January 25, 2013.

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Dated: 12/13/12
SAUNDRA BROWN ARMSTRONG
United States District Judge

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Defendants’ Request for Extension
of Time to file Dispositive Motion

C09-5527 SBA

UNITED STATES DISTRICT COURT
FOR THE
2 NORTHERN DISTRICT OF CALIFORNIA
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CARLOS A. ORTEGA,

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Plaintiff,

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v.
SAN JOSE CITY OF et al,
Defendant.
/

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Case Number: CV09-05527 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on December 14, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
16 copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
17 located in the Clerk's office.
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Carlos A. Ortega #09071890
Santa Clara County Corrections - San Jose
21 #CTL532
885 N. San Pedro Street
22 San Jose, CA 95110
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Dated: December 14, 2012
Richard W. Wieking, Clerk

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By:

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Lisa Clark, Deputy Clerk

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Defendants’ Request for Extension
of Time to file Dispositive Motion

C09-5527 SBA