Scott-Codiga v. County of Monterey et al
Filing
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STIPULATION AND ORDER Extending Time for Defendants to Respond to Amended Complaint re 23 . Signed by Judge Koh on 5/20/2011. (lhklc1, COURT STAFF) (Filed on 5/20/2011)
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CHARLES A. BONNER, ESQ. SB# 85413
A. CABRAL BONNER, ESQ. SB# 247528
LAW OFFICES OF CHARLES A. BONNER
475 GATE FIVE RD, SUITE 212
SAUSALITO, CA 94965
TEL: (415) 331‐3070
FAX: (415) 331‐2738
cbonner799@aol.com
cabral@bonnerlaw.com
ATTORNEYS FOR PLAINTIFF
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
) Case No.: 5:10cv05450LHK
GEORGINE SCOTT‐CODIGA,
)
) STIPULATION OF SERVICE AND
Plaintiff,
) STIPULATION AND ORDER ENLARGING
) TIME FOR DEFENDANTS TO RESPOND TO
vs.
) PLAINTIFF’S AMENDED COMPLAINT
)
COUNTY OF MONTEREY, MONTEREY
SHERIFF’S DEPARTMENT, SHERIFF MIKE )
)
KANALAKIS, JERRY TEETER, VICTOR LURZ, )
COMMANDER MIKE RICHARDS; SGT JOE )
MOSES; and GILBERT AGUILAR and Does 1 )
)
through 50, inclusive,
)
)
Defendants
The parties through their respective counsel of record hereby stipulate and agree to
an order on the following issues:
1. Defendants, COUNTY OF MONTEREY, MONTEREY SHERIFF’S DEPARTMENT,
SHERIFF MIKE KANALAKIS, JERRY TEETER, and VICTOR LURZ were timely
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served with Plaintiff’s initial complaint. Following service, Plaintiff filed a
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supplemental claim alleging new causes of action based on conduct which
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took place following the filing of the initial complaint. Parties met and
Stipulation and Order Regarding Service and Enlarging Time for Defendants to Respond to Plaintiff’s Amended Complaint - 1
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conferred and decided it would be most efficient for Defendants to respond
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to Plaintiff’s to‐be‐filed amended complaint rather than the filed and served
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initial complaint. Therefore parties agreed and hereby stipulate that
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Defendants do not have to respond to Plaintiff’s initial complaint, filed on
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December 1, 2010.
2. Plaintiff filed an amended complaint on May 6, 2011. Plaintiff served
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Defendants, COUNTY OF MONTEREY, MONTEREY SHERIFF’S DEPARTMENT,
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SHERIFF MIKE KANALAKIS, JERRY TEETER, VICTOR LURZ, COMMANDER
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MIKE RICHARDS; SGT JOE MOSES; and GILBERT AGUILAR, and each of them,
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with the amended complaint via email to Defendants’ counsel. Parties
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hereby agree and stipulate that Plaintiff’s email service is sufficient service
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for all Defendants and all Defendants are deemed to have been served with
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the amended complaint as of May 17, 2011, the day counsel for the
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Defendants acknowledge receipt of the amended complaint.
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3. Parties hereby stipulate and agree that Defendants, COUNTY OF MONTEREY,
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MONTEREY SHERIFF’S DEPARTMENT, SHERIFF MIKE KANALAKIS, JERRY
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TEETER, VICTOR LURZ, COMMANDER MIKE RICHARDS; SGT JOE MOSES; and
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GILBERT AGUILAR have until June 17, 2011 to file and serve a response to
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the amended complaint filed by Plaintiff GEORGINE SCOTT‐CODIGA. Good
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cause exists for this enlargement of time (30 additional days) given the time and
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effort that will be necessary to prepare an appropriate responsive pleading. The
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amended complaint involves varied claims by plaintiff, comprises 24 pages, and sets
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Stipulation and Order Regarding Service and Enlarging Time for Defendants to Respond to Plaintiff’s Amended Complaint - 2
forth 10 causes of action in 86 paragraphs. The causes of action include the
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following:
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1. RETALIATION IN VIOLATION OF TITLE VII and FEHA;
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2. RETALIATION IN VIOLATION OF 42 U.S.C. § 1983;
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3. DISPARATE TREATMENT, TITLE VII AND FEHA,
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4. FAILURE TO PREVENT DISCRIMINATION
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5. INVASION OF PRIVACY
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6. RETALIATION LABOR CODE 1102.5
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7. VIOLATION OF LABOR CODE 1101 &1102
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8. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS;
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9. VIOLATION of 42 U.S.C. § 1985
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10. VIOLATION of 42 U.S.C. § 1986
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IT IS SO STIPULATED
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Dated: May 19, 2011
LAW OFFICES OF BONNER & BONNER
/s/ A. CABRAL BONNER
A. Cabral Bonner
Attorney for Plaintiff
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Dated: May 19, 2011
COUNTY COUNSEL FOR
COUNTY OF MONTEREY
/s/ WILLIAM K. RENTZ
WILLIAM K. RENTZ
Sr. Deputy County Counsel
//
//
Stipulation and Order Regarding Service and Enlarging Time for Defendants to Respond to Plaintiff’s Amended Complaint - 3
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ORDER
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IT IS SO ORDERED. Defendants do not have to respond to Plaintiff’s initial complaint filed on
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December 1, 2010. All Defendants, COUNTY OF MONTEREY, MONTEREY SHERIFF’S
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DEPARTMENT, SHERIFF MIKE KANALAKIS, JERRY TEETER, VICTOR LURZ, COMMANDER
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MIKE RICHARDS; SGT JOE MOSES; and GILBERT AGUILAR are deemed served with
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Plaintiff’s amended complaint. Defendants may have to and including June 17, 2011 by which to file
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and serve a response to Plaintiff’s amended complaint.
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May 20, 2011
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Dated: _______
___________________________________
HONORABLE LUCY H. KOH
United States District Court Judge
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Stipulation and Order Regarding Service and Enlarging Time for Defendants to Respond to Plaintiff’s Amended Complaint - 4
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