Hernandez v. Contra Costa

Filing 9

STIPULATION AND ORDER TO EXTEND re 8 . STIPULATION WITH PROPOSED ORDER EXTENDING DATE TO FILE RESPONSIVE PLEADINGS AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES filed by Contra Costa, Felipe Hernandez. Case Management Statement due by 7/3/2018. Initial Case Management Conference set for 7/10/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/30/18. (sisS, COURT STAFF) (Filed on 4/2/2018)

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SHARON L. ANDERSON (SBN 94814)
County Counsel
DYLAN RADKE (SBN 207757)
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
COUNTY OF CONTRA COSTA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FELIPE HERNANDEZ, an individual,

No. C18-00267 KAW

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Plaintiff,

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v.

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COUNTY OF CONTRA COSTA, a
municipal corporation; and DOES 1-50,
inclusive,
Defendants.

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STIPULATION AND [PROPOSED]
ORDER EXTENDING DATE TO FILE
RESPONSIVE PLEADINGS AND
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE AND
RELATED DATES
CMC: April 17, 2018
Crtrm: 4, 3rd Floor
Judge: Hon. Kandis A. Westmore, Presiding
Date Action Filed: January 11, 2018
Trial Date: None Assigned

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The parties, by and through their attorneys, have met and conferred regarding Plaintiff

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Felipe Hernandez’s (“Plaintiff”) complaint and defendant County of Contra Costa’s

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(“County”) proposed motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). The

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County’s responsive pleadings are currently due on April 6, 2018. Based on the parties’

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conversation, the parties agreed that additional time is needed for Plaintiff to consider filing an

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amended complaint for the County’s responsive pleadings and for the case management
Stipulation and [Proposed] Order Extending Date to File Responsive Pleadings and Continue
Initial Case Management Conference and Related Dates - Case No. C18-00267 KAW
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conference. Based on the above, the parties have agreed to stipulate to the following time

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schedule:

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(1)

The parties stipulate that Plaintiff will, if necessary, file an amended complaint

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by April 17, 2018. If Plaintiff determines that an amended complaint is not necessary, he will

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notify the County by April 17, 2018, that he will not being filing an amended complaint. If no

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amended complaint is filed, the County’s responsive pleadings will be filed by April 24, 2018,

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seven days after Plaintiff’s notice. If Plaintiff files an amended complaint, the County’s

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responsive pleadings will be filed by May 1, 2018, fourteen days after the amended complaint

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is filed.
(2)

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The parties stipulate to a continuance of the case management conference,

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currently scheduled for April 17, 2018, for 60 to 90 days to a date convenient to the Court’s

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calendar. The stipulation is based on the time to determine Plaintiff’s potential amendments

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to the complaint and if necessary prepare an amended complaint and the County’s time to

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review any amended complaint and prepare responsive pleadings. Currently, the case is not at

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issue, and given the uncertainty of future claims and potential defendants, it is difficult for the

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parties to meet and confer regarding discovery and to prepare a joint case management

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statement.

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Stipulation and [Proposed] Order Extending Date to File Responsive Pleadings and Continue
Initial Case Management Conference and Related Dates - Case No. C18-00267 KAW
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In light of the current procedural posture, the parties believe good cause exists to

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provide time for Plaintiff to consider filing an amended complaint, to extend time for the

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County to file responsive pleadings, and to continue the case management conference for 60

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to 90 days to a date convenient to the Court’s calendar.

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DATED: March 30, 2018

SHARON L. ANDERSON
COUNTY COUNSEL

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By:___________/s/___________________
DYLAN RADKE
Deputy County Counsel
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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DATED: March 30, 2018

JOHN L. BURRIS LAW OFFICES

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By:

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_______/s/______________________
JAMES COOK
Attorney for Plaintiff
FELIPE HERNANDEZ

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ATTORNEY ATTESTATION

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I hereby attest that I have authorization from all of the above-named counsel to E-file

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this statement, and this authority is reflected by the conformed signature (“/s/”) within this E-

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filed document.

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By: __________/s/____________________
DYLAN RADKE
Deputy County Counsel
Attorneys for Defendant
COUNTY OF CONTRA COSTA

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Stipulation and [Proposed] Order Extending Date to File Responsive Pleadings and Continue
Initial Case Management Conference and Related Dates - Case No. C18-00267 KAW
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ORDER

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There is good cause to allow Plaintiff to file an amended complaint by April 17, 2018.

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If Plaintiff determines that an amended complaint is not necessary, he will notify the County

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by April 17, 2018, that he will not being filing an amended complaint. If no amended

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complaint is filed, the County’s responsive pleadings will be filed by April 24, 2018, seven

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days after Plaintiff’s notice. If Plaintiff files an amended complaint, the County’s responsive

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pleadings will be filed by May 1, 2018, fourteen days after the amended complaint is filed.

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There is further good cause to continue the initial case management conference and

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July 10, 2018
related dates. The case management conference is continued to _______________________

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at 1:30 P.M. before the Honorable Kandis A. Westmore. The joint case management

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July 3, 2018
statement is due ________________________. All associated dates, including the date for the

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parties to exchange initial disclosures, are likewise continued.

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IT IS SO ORDERED.

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3/30/18
DATED:___________________

By:______________________________
HON. KANDIS A. WESTMORE
United States Magistrate Judge

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Stipulation and [Proposed] Order Extending Date to File Responsive Pleadings and Continue
Initial Case Management Conference and Related Dates - Case No. C18-00267 KAW
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