R.S. v. County of Stanislaus ( 2021 )

1 LAW OFFICES OF DALE K. GALIPO MORALES & LEANOS Dale K. Galipo, Esq. (Bar No. 144074) Jaime A. Leanos, Esq. (Bar No. 159471) 2 dalekgalipo@yahoo.com jleanoslaw@pacbell.net 3 Renee Masongsong (Bar No. 281819) 75 E. Santa Clara St., Suite 250 rvalentine@galipolaw.com San Jose, CA 95113 4 21800 Burbank Boulevard, Suite 310 Telephone: (408) 294-6800 Woodland Hills, California 91367 Facsimile: (408) 294-7102 5 Tel: (818) 347-3333 Attorneys for Plaintiffs 6 Fax: (818)347-4118 Attorneys for Plaintiffs 7 8 RIVERA HEWITT PAUL LLP 11341 Gold Express Drive, Ste. 160 9 Gold River, California 95670 10 Tel: 916-922-1200 Fax: 916-922-1303 Shanan L. Hewitt, SBN 200168 11 SHewitt@rhplawyers.com Jonathan B. Paul, SBN 215884 12 JPaul@rhplawyers.com 13 Attorney for Defendants, 14 COUNTY OF STANISLAUS 15 16 IN THE UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 R.S., a minor, by and through his guardian ad ) CASE NO.: 1:20-cv-01170-DAD-SKO litem Jessica Moreno, individually and as ) 20 successor in interest to Rudy Santillan, Sr., ) JOINT STIPULATION TO AMEND deceased, and JORGE VICENTE, ) SCHEDULING ORDER DEADLINE 21 individually, ) TO FILE MOTIONS OR 22 ) STIPULATIONS TO AMEND Plaintiffs, ) PLEADINGS; ORDER 23 v. ) ) (Doc. 16) 24 County of Stanislaus; Dany Anderson; Miguel ) 25 Garcia; Eric Torres; Dustin Willey; Alberto ) Navarro; Eric Garcia; Benjamin Carnes; Barry ) 26 Balance; Morin Yom; Colton Hughes; Robert ) Domingos and DOES 1-20 10, inclusive, ) 27 ) 28 Defendants. ) 1 Plaintiffs, by and through their counsel Dale K. Galipo, Esq. and Renee Masongsong, 2 Esq. of the Law Offices of Dale K. Galipo and Jaime A. Leanos of the Law Office of Morales & 3 Leanos and Defendant County of Stanislaus, by and through counsel Shanan L. Hewitt, Esq. and 4 Jonathan B. Paul, Esq. of the Law Offices of Rivera Hewitt Paul LLP, collectively referred to as 5 “the Parties,” hereby request that the deadline for filing of motions or stipulations requesting 6 leave to amend the pleadings, as set forth in the Scheduling Order of January 8, 2021 (Doc. 15), 7 be extended to October 1, 2021. IT IS STIPULATED BY AND BETWEEN the Parties, through 8 their attorneys of record (identified in the signature blocks below), as follows: 9 (1) Plaintiffs JORGE VICENTE, and minor R.S. through his guardian ad litem Jessica 10 Moreno, initiated this lawsuit on August 19, 2020 (Doc. 1) alleging federal and state law 11 claims based on the death of Rudy Santillan, Sr. 12 (2) The Parties stipulated to an extension of time to file a responsive pleading pursuant to 13 Eastern District Local Rule 144(a) (Doc. 10), and Defendants COUNTY OF 14 STANISLAUS, DANNY ANDERSON, MIGUEL GARCIA, ERIC TORRES, DUSTIN 15 WILLEY, ALBERTO NAVARRO, ERIC GARCIA, BENJAMIN CARNES, BARRY 16 BALANCE, MORIN YOM, COLTON HUGHES, and ROBERT DOMINGOS 17 subsequently file their answer on November 19, 2020 (Doc. 12). 18 (3) The Court issued the Scheduling Order on January 8, 2021 (Doc. 15). Under the terms of 19 the Scheduling Order, August 2, 2021 is the current deadline to file motions or 20 stipulations requesting to amend the pleadings. (Doc. 15, p. 2:25-26.) 21 (4) The Parties continue to work diligently in this case by propounding and responding to 22 written discovery. 23 (5) Defendants have recently obtained information that additional heirs to Decedent Rudy 24 Santillan Sr. may exist, and propounded written discovery to Plaintiffs to obtain further 25 information regarding this matter. Plaintiffs recently requested and were granted an 26 extension of time to respond to said discovery up to and including September 10, 2021. 27 (6) The Parties request additional time for amendments to the pleadings, to determine 28 whether any additional heirs exist that should be joined to this action pursuant to Federal 1 Rules of Civil Procedure 19. Moreover, under California law, all heirs are necessary 2 parties and “plaintiff heirs have a mandatory duty to join all known omitted heirs in the 3 ‘single action’ for wrongful death. If an heir refuses to participate in the suit as a plaintiff, 4 he or she may be named as a defendant so that all heirs are before the court in the same 5 action. An heir named as a defendant in a wrongful death action is, in reality, a plaintiff.” 6 Ruttenberg v. Ruttenberg, 53 Cal.App.4th 801, 808 (1997); see also G.M. v. Poole (E.D. 7 Cal., Sept. 12, 2019, No. 2:17-cv-02415-TLN-CKD) 2019 WL 4318573, *3-5, citing 8 Ruttenberg v. Ruttenberg, 53 Cal.App.4th 801. 9 (7) The Parties wish to amend the current Scheduling Order deadline for filing of motions or 10 stipulations requesting leave to amend the pleadings in order to provide them with 11 sufficient time to ascertain through discovery whether such amendment(s) will be 12 necessary. 13 (8) Under these circumstances, the Parties have agreed and respectfully request that the 14 Court amend the deadline in the Scheduling Order to facilitate the above stipulation as 15 follows: 16 17 EVENT CURRENT PROPOSED 18 Last Day to file motion or stipulations to 8/02/2021 10/01/2021 amend the pleadings 19 20 IT IS SO STIPULATED. 21 22 Dated: August 2, 2021 LAW OFFICES OF DALE K. GALIPO /s/Renee Masongsong (As authorized on 08-02-21) 23 DALE K. GALIPO RENEE MASONGSONG 24 Attorneys for Plaintiffs 25 26 Dated: August 2, 2021 MORALES & LEANOS 27 /s/Jaime Leanos (As authorized on 08-02-21) JAIME LEANOS 28 Attorneys for Plaintiffs 1 Dated: August 2, 2021 RIVERA HEWITT PAUL LLP 2 /s/ Jonathan B. Paul 3 SHANAN L. HEWITT JONATHAN B. PAUL 4 Attorneys for Defendants 5 6 7 ORDER 8 Good cause having been shown, the parties’ above stipulated request for an extension of 9 time to file and serve motions or stipulations requesting leave to amend the pleadings (Doc. 16) is 10 HEREBY GRANTED. The parties shall file and serve motions or stipulations requesting leave to 11 amend the pleadings by no later than October 1, 2021. All other dates in the Scheduling Order 12 (Doc. 15) shall remain as set. 13 IT IS SO ORDERED. 14 Dated: August 3, 2021 /s/ Sheila K. Oberto . 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28