Martinez et al v. Monterey County Sheriffs Office et al

Filing 54

ORDER GRANTING 53 STIPULATION PERMITTING DEFENDANT TO FILE AN AMENDED ANSWER. Signed by Judge Beth Labson Freeman on 8/30/2018.(blflc2S, COURT STAFF) (Filed on 8/30/2018)

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Peter G. Bertling [S.B. #131602]
Jemma Parker Saunders [S.B. #227962]
Bertling Law Group, Inc.
15 West Carrillo Street, Suite 104
Santa Barbara, CA 93101
Telephone: [phone]
Facsimile: 805-962-0722
Emails: [e-mail]
[e-mail]
Attorneys for Defendant
CALIFORNIA FORENSIC MEDICAL GROUP, INC.

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ANTONIO MARTINEZ III: JENNY
MARTINEZ,

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Plaintiffs
v.
COUNTY OF MONTEREY; MONTEREY
COUNTY SHERIFF’S OFFICE;
CALIFORNIA FORENSIC MEDICAL
GROUP, INCORPORATED, A
CALIFORNIA CORPORTATION, and
DOES 1 to 30 inclusive,

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Case No. 5:18-CV-00475-BLF
JOINT STIPULATION AND
[PROPOSED] ORDER
PERMITTING DEFENDANT
CALIFORNIA FORENSIC
MEDICAL GROUP, INC. TO FILE
AN AMENDED ANSWER TO
PLAINTIFFS’ FIRST AMENDED
COMPLAINT

Defendants.

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Action Filed: January 22, 2018
Judge: Hon. Beth Labson Freeman
Trial: April 4, 2022

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5:18-CV-00475-BLF
-1JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING DEFENDANT
CALIFORNIA FORENSIC MEDICAL GROUP, INC. TO FILE AN AMENDED
ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

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Plaintiffs ANTONIO MARTINEZ III and JENNY MARTINEZ and defendants

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COUNTY OF MONTEREY, MONTEREY COUNTY SHERIFF’S OFFICE and

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CALIFORNIA FORENSIC MEDICAL GROUP, INC., hereby joint stipulate and agree

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as follows:

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Whereas plaintiffs’ First Amended Complaint contains a pendant California State

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law cause of action for medical negligence against Defendant California Forensic

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Medical Group, Inc.; and

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Whereas defendant California Forensic Medical Group, Inc. erroneously omitted

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three separate affirmative defenses to this state law claim for medical negligence; and

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Whereas the parties met and conferred on the issue; and

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Whereas a Motion to Dismiss remains pending by defendants County of Monterey

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and Monterey County Sheriff’s Office;

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It is hereby stipulated and agreed that Defendant California Forensic Medical

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Group, Inc. shall be permitted to file an Amended Answer to plaintiffs’ First Amended

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Complaint within five (5) days of the entry of the Order on this Stipulation.

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IT IS SO STIPULATED.

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DATED: August 29, 2018

BERTLING LAW GROUP, INC.
/s/ Peter G. Bertling
Peter G. Bertling
Jemma Parker Saunders
Attorneys for Defendant
CALIFORNIA FORENSIC
MEDICAL GROUP, INC.

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5:18-CV-00475-BLF
-2JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING DEFENDANT
CALIFORNIA FORENSIC MEDICAL GROUP, INC. TO FILE AN AMENDED
ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

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DATED: August 29, 2018

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HERSH & HERSH
/s/ Joseph Boyle
Joseph Boyle
Attorneys for Plaintiffs
ANTONIO MARTINEZ III
and JENNY MARTINEZ

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DATED: August 29, 2018

MONTEREY COUNTY
COUNSEL’S OFFICE
/s/ Susan Blitch
Susan K. Blitch
Attorneys for Defendants
MONTEREY COUNTY and
MONTEREY COUNTY
SHERIFF’S OFFICE

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5:18-CV-00475-BLF
-3JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING DEFENDANT
CALIFORNIA FORENSIC MEDICAL GROUP, INC. TO FILE AN AMENDED
ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT

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[PROPOSED] ORDER
Upon consideration of the Parties’ Stipulation and finding good cause, it is hereby
ORDERED as follows:

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Defendant California Forensic Medical Group, Inc. shall be permitted to file an

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Amended Answer to plaintiffs’ First Amended Complaint. Said Amended Answer shall

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be filed by Defendant within five (5) days of the entry of this Order.

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IT IS SO ORDERED.

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August 30, 2018A
DATED: ___________________, 2018

________________________
Honorable Beth Labson Freeman
United States District Court Judge

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5:18-CV-00475-BLF
-4JOINT STIPULATION AND [PROPOSED] ORDER PERMITTING DEFENDANT
CALIFORNIA FORENSIC MEDICAL GROUP, INC. TO FILE AN AMENDED
ANSWER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT