Johnson v. San Benito County et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SCOTT LAW FIRM
1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109
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BRETT JOHNSON,
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Plaintiff,
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v.
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SAN BENITO COUNTY; PATRICK
TURTURICI; TONY LAMONICA; and, DOES )
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1-20, inclusive,
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Defendants.
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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
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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
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scheduling order, this Court set a deadline of January 31, 2013 for plaintiff to amend or add new
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parties. When the parties agreed to this date at the December conference, the plaintiff was not
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aware that: (1) the DOJ report and underlying records would only be produced in response to a
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subpoena; or, (2) defendants’ counsel’s trial calendar prevented depositions from being set until
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early February 2013. The defendants would not be prejudiced by this amendment because no
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depositions have been taken, discovery is ongoing, and the trial in this matter is not set until
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SCOTT LAW FIRM
good cause. The plaintiff advised this Court of his intention to amend his complaint to conform to
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1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109
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January 13, 2014.
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Accordingly, the parties hereby stipulate to and request this Court extend the deadline in
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the pending case-management order to permit the plaintiff to amend his complaint and add new
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parties from January 31, 2013 to February 28, 2013.
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SCOTT LAW FIRM
Dated: January 3, 2013
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By: /s/ Lizabeth N. de Vries
Lizabeth N. de Vries
Attorneys for Plaintiff
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Dated: January 3, 2013
RANKIN LANDSNESS LAHDE
SERVERIAN & STOCK
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By:/s/ Michael C. Severian
Michael C. Serverian
Attorneys for Defendants
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STIPULATION & [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND COMPLAINT
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[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.
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January 8, 2013
Date:_______________________
____________________________
Honorable Lucy H. Koh
United States District Judge
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SCOTT LAW FIRM
1388 S UTTER S TREET , S UITE 715
S AN F RANCISCO , CA 94109
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-3STIPULATION & [PROPOSED] ORDER TO EXTEND DEADLINE TO AMEND COMPLAINT
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