G. v. Tulare County

1 T. Kennedy Helm, IV (SBN 282319) HELM LAW OFFICE, PC 644 40th Street, Suite 305 Oakland, California 94609 T: (510) 350-7517 F: (510) 350-7359 email: [email protected] Attorney for Plaintiffs UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION A.G., a minor, by and through her guardian ad ) Case No. 1:23-cv-00500-JLT-SKO litem Johana Yolanda Corral Galvan, ) 11 2 i D bn yed c aiv e ndi dd e u tn ha t r l F oly ur a ga nn hcd i h sa ecs ro gc Po uo- as n ru dcc ie ac , n e J s r as . d;o Fr l i.i tGn e m.i ,n at Je omr he i as nt no at ro , ) ) ) ) S M DT EOI AP D DU IF LL Y IA N T S ECI O THN OE DA FIUN LLD EI O N MR G OD O TE R IR OD NT EO SR O’S R Yolanda Corral Galvan, individually and as ) STIPULATIONS TO AMEND co-successor in interest to Decedent Francisco ) PLEADINGS (Doc. 19) Ponce, Jr.; individually, ) 14 ) ) 15 Plaintiffs, ) ) 16 vs. ) ) 17 ) COUNTY OF TULARE, a public entity; and ) DOES 1–50, jointly and severally, ) ) 19 Defendants. ) ) 20 ) ) ) 1 Plaintiffs, by and through their counsel, T. Kennedy Helm, IV, of Helm Law Office, PC, and Defendant, by and through its counsel, Gary Logan, of Lebeau Thelen, LLP, hereby respectfully stipulate and request as follows: RECITALS A. This is the Parties’ first request for an extension of any pretrial dates, and it concerns only the deadline to file any motions or stipulations requesting leave to amend the pleadings, currently set for November 10, 2023. (See ECF No. 19).

B. When an act must be done within a specified time, the Court may, for good cause, extend the time with or without motion if the court acts, or a request is made, before the original time expires. Fed. R. Civ. P. 6(b)(1)(A). With respect to an order setting forth the Court’s pretrial schedule, “[t]he district court may modify the pretrial schedule ‘if it cannot be reasonably met despite the diligence of the party seeking the amendment.’” Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

C. Plaintiffs’ counsel, a solo practitioner, has diligently investigated and begun drafting the First Amended Complaint. However, Plaintiffs’ counsel is also co-counsel in Hernandez, et al. v. County of Riverside, et al., No. 5:21-cv-01791-JGB-SP (C.D. Cal.), a wrongful- death case, in which Defendants filed a motion for summary judgment on October 23, 2023. (See ECF No. 64). Plaintiffs’ opposition in Hernandez is due on November 6, 2023. (See ECF No. 63).

D. Plaintiffs’ counsel must spend substantial time between now and November 6, 2023, on the Hernandez opposition to the motion for summary judgment. He therefore does not believe he can both finish the First Amended Complaint and complete any meet-and- confer to avoid motion practice by the current November 10, 2023, deadline. Plaintiffs’ counsel therefore respectfully requests a 30-day extension of time on this deadline only.

E. Counsel for the Parties have met-and-conferred, and the Parties have agreed that neither side would be prejudiced by a stipulated extension of 30 days of the deadline to file any 1 motion or stipulation requesting leave to amend the pleadings.

2 STIPULATION 3 Given the foregoing, and the approaching deadline to file any motion or stipulation requesting leave to amend the pleadings (November 10, 2023), the Parties respectfully submit that good cause exists to continue this deadline only by 30 days.

6 Matter Current Deadline (ECF No. 19) New Deadline Deadline to File Any November 10, 2023 December 10, 2023 Stipulations or Motions Requesting Leave to Amend the Pleadings IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

13 Respectfully Submitted, Dated: October 25, 2023 HELM LAW OFFICE, PC /s/ T. Kennedy Helm, IV 17 By: T. KENNEDY HELM, IV Attorney for Plaintiffs Dated: October 25, 2023 LEBEAU THELEN LLP /s/ Gary L. Logan* 21 By: GARY L. LOGAN Attorneys for Defendants *Mr. Logan provided his consent that this document be filed by CM/ECF.

24 // // // // 1 ORDER 2 The Court, having considered the Parties’ stipulation (Doc. 20), and good cause appearing, finds the parties have shown good cause for the relief their Stipulation requests. IT IS HEREBY ORDERED that the Scheduling Order (Doc. 19) is modified as follows: 5 Matter Current Deadline New Deadline Deadline to File Any November 10, 2023 December 10, 2023 Stipulations or Motions Requesting Leave to Amend the Pleadings The other deadlines listed in the scheduling order (Doc. 19) remain unchanged.

IT IS SO ORDERED.

13 Dated: October 26, 2023 /s/ Sheila K. Oberto .

UNITED STATES MAGISTRATE JUDGE