Saroha v. Schuler et al

Filing 10

Order by Hon. Lucy H. Koh granting 8 Motion for Leave to File.(lhklc1, COURT STAFF) (Filed on 5/18/2012)

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Case5:11-cv-05214-LHK Document8 Filed01/26/12 Page1 of 3 1 2 3 4 5 Robert B. Jobe (Cal. State Bar #133089) Anna L. Benvenue (Cal. State Bar #261436) LAW OFFICE OF ROBERT B. JOBE 550 Kearny Street, Suite 200 San Francisco, CA 94108 (415) 494-8597 (phone) (415) 840-0308 (fax) Attorneys for Petitioner. 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 SHERNY ANGELICA SAROHA, ) ) Petitioner, ) ) v. ) ) MATTHEW SCHULER, Contra Costa ) County Captain of Custody Services, et al., ) ) Respondents. ) ) ) No. 5:11-cv-05214-LHK MOTION FOR LEAVE TO FILE AMENDED PETITION AND STIPULATION AND [PROPOSED] ORDER RE: DATE TO FILE ANSWER TO AMENDED PETITION AS MODIFIED 15 16 Pursuant to Rule 15 of the Federal Rules of Civil Procedure, Petitioner Sherny Angelica 17 18 Saroha hereby respectfully moves the Court for leave to file an Amended Petition for Habeas Corpus which is attached hereto.1 The Amended Petition adds one additional respondent, Jeff 19 Nelson, Warden and Facility Coordinator for the Contra Costa West County Detention Facility. 20 21 22 There are no other changes to the Amended Petition. Counsel for Petitioner has conferred with counsel for Respondents, Mr. Troy D. Liggett, and is authorized to state that the Respondents do not oppose this motion. Counsel for Petitioner and Counsel for Respondents have also agreed 23 24 1 25 26 27 28 Federal Rule of Civil Procedure 15 provides that a party may amend its pleading once as a matter of course at any time before a responsive pleading is served; “in all other cases, a party may amend it’s pleading only with the opposing party’s written consent or the court’s leave . . . leave shall be freely given when justice so requires.” Fed. R. Civ. P. 15. As Respondent has filed a motion to dismiss, Respondent’s consent or leave of Court is required. Case5:11-cv-05214-LHK Document8 Filed01/26/12 Page2 of 3 1 that Respondents be allowed thirty (30) days to file their answer to the Amended Petition. 2 Petitioner, therefore, respectively requests that she be allowed to file this Amended Petition and 3 that Respondents be given until Monday February 27, 2012 to file their answer. 4 5 Dated: January 26, 2012 6 Respectfully submitted, /s/ Robert B. Jobe ________________________ ROBERT B. JOBE ANNA L. BENVENUE LAW OFFICE OF ROBERT B. JOBE 550 Kearny Street, Suite 200 San Francisco, CA 94108 (415) 494-8597 (phone) (415) 840-0308 (fax) 7 8 9 10 11 Attorneys for Petitioner. 12 13 14 15 16 [PROPOSED] ORDER 17 Pursuant to stipulation and for the reasons stated therein, IT IS HEREBY ORDERED that 18 Petitioner’s Amended Petition for Writ of Habeas Corpus be filed and that Respondent’s Answer 19 to Petitioner’s Amended Petition be due by February 2012. Respondent’s pending motion to June 18, 27, 2012. 20 dismiss, ECF No. 5, is terminated as MOOT. The hearing set for June 7, 2012, isis hereby VACATED. May 31, 2012, hereby VACATED. 21 IT IS SO ORDERED. 22 23 24 25 Dated: May 18, 2012 _______________________________ LUCY H. KOH UNITED STATES DISTRICT JUDGE 26 S RT Ko h A H ER ucy H. FO NO Judge L R NIA ERED O ORD IT IS S DIFIED AS MO LI UNIT ED 28 S DISTRICT TE C TA RT U O 27 N F D IS T IC T O R C

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