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)

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
[phone] (phone)
[phone] (fax)
[e-mail]
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
[phone] (phone)
[phone] (fax)
[e-mail]

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