Johnson v. San Benito County et al

Filing 14

Order by Hon. Lucy H. Koh granting 13 Stipulation to Extend the Deadline for Plaintiff to Amend hi Complaint.(lhklc3, COURT STAFF) (Filed on 1/8/2013)

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1 2 3 4 5 6 7 John Houston Scott, SBN 72578 Lizabeth N. de Vries, SBN 227215 SCOTT LAW FIRM 1388 Sutter Street, Suite 715 San Francisco, CA 94109 Tel: (415) 561-9601 Fax: (415) 561-9609 john@scottlawfirm.net liza@scottlawfirm.net Michael Charles Serverian, SBN 122203 RANKIN LAHDE SERVERIAN & STOCK 96 N 3rd Street, #5000 San Jose, CA 95112 Telephone: (408) 293-0463 Facsimile: (408) 293-9514 mserverian@rllss.com Attorneys for Defendants Attorneys for Plaintiff, Brett Johnson 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRETT JOHNSON, ) ) ) Plaintiff, ) ) v. ) ) SAN BENITO COUNTY; PATRICK TURTURICI; TONY LAMONICA; and, DOES ) ) 1-20, inclusive, ) ) Defendants. ) ) Case No. CV 12-03691 LHK STIPULATION AND [PROPOSED] ORDER TO EXTEND THE DEADLINE FOR PLAINTIFF TO AMEND HIS COMPLAINT TO FEBRUARY 28, 2013 INTRODUCTION The parties, plaintiff Brett Johnson and defendants San Benito County, Patrick Turturici and Tony LaMonica, through counsel, jointly submit this stipulation and proposed order seeking an adjustment to the case-management schedule to extend the deadline for the plaintiff to amend his complaint and add new parties from January 31, 2013 to February 28, 2013. This would allow the plaintiff one extra month to obtain necessary discovery that is currently unavailable relating to the Department of Justice investigation, and, deposition testimony. Since the case-management conference, defendants’ counsel discovered he must subpoena records from the Department of Justice (DOJ) to produce them to the plaintiff. Further, defendants’ counsel’s impacted January 2013 trial calendar prevented the parties from setting depositions until early February, 2013. Accordingly, the parties stipulate and request this Court extend this deadline by one month. -1STIPULATION & [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND COMPLAINT 1 2 STIPULATION The parties have been diligently meeting and conferring and make this request based on proof in the joint case-management statement dated November 29, 2012. In its December 5, 2012 5 scheduling order, this Court set a deadline of January 31, 2013 for plaintiff to amend or add new 6 parties. When the parties agreed to this date at the December conference, the plaintiff was not 7 aware that: (1) the DOJ report and underlying records would only be produced in response to a 8 subpoena; or, (2) defendants’ counsel’s trial calendar prevented depositions from being set until 9 early February 2013. The defendants would not be prejudiced by this amendment because no 10 depositions have been taken, discovery is ongoing, and the trial in this matter is not set until 11 SCOTT LAW FIRM good cause. The plaintiff advised this Court of his intention to amend his complaint to conform to 4 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 3 January 13, 2014. 12 Accordingly, the parties hereby stipulate to and request this Court extend the deadline in 13 the pending case-management order to permit the plaintiff to amend his complaint and add new 14 parties from January 31, 2013 to February 28, 2013. 15 16 SCOTT LAW FIRM Dated: January 3, 2013 17 By: /s/ Lizabeth N. de Vries Lizabeth N. de Vries Attorneys for Plaintiff 18 19 20 21 22 Dated: January 3, 2013 RANKIN LANDSNESS LAHDE SERVERIAN & STOCK 23 By:/s/ Michael C. Severian Michael C. Serverian Attorneys for Defendants 24 25 26 27 28 -2- STIPULATION & [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND COMPLAINT 1 2 3 [PROPOSED] ORDER Good cause showing and based on the parties’ stipulation, the Court extends the deadline for plaintiff Brett Johnson to amend his complaint and add new parties to February 28, 2013. 4 5 6 January 8, 2013 Date:_______________________ ____________________________ Honorable Lucy H. Koh United States District Judge 7 8 9 10 SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION & [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND COMPLAINT

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