Baday v. County of Kings ( 2020 )

1 David S. McLane (124952) dmclane@kmbllaw.com 2 Lindsay Battles (262862) lbattles@kmbllaw.com 3 KAYE, McLANE, BEDNARSKI & LITT, LLP 4 975 East Green Street Pasadena CA 91106 5 Telephone: (626) 844-7660 Facsimile: (626) 844-7670 6 Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 KARLA BADAY, Case No. 1:20-cv-00644-NONE-SKO 11 Plaintiff, STIPULATION TO EXTEND TIME FOR DEFENDANT DANIEL BROWN TO FILE 12 v. ANSWER TO COMPLAINT 13 ORDER DENYING THE PARTIES’ COUNTY OF KINGS, GEORGANNE STIPULATED REQUEST 14 GREENE, ADVENTIST HEALTH HANFORD, JOSHUA R. SPEER, JEFF J. (Doc. 30) 15 TORRES, JAMES GREGORY LEWIS, DEAN MORROW, DANIEL BROWN, 16 AND DOES 1-10, INCLUSIVE, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 1 Pursuant to Local Rule 144(a), Defendant Daniel Brown (“Brown”) and Plaintiff Karla 2 Baday stipulate to extend the time for Defendant Brown to file an Answer to the Complaint in this action. This request is for an extension of time of more than 30 days. Defendant Brown has 3 not requested nor been granted any prior extensions of time to file a responsive pleading. 4 Defendant Daniel Brown was personally served with the complaint in this action on June 5 11, 2020. The deadline for Defendant to file a responsive pleading expired on July 2, 2020. 6 On or about October 8, 2020, Defendant Brown, who is currently not represented by 7 counsel, contacted counsel for Plaintiff and advised that he had been attempting to contact the 8 malpractice group that provided coverage to him for the dates outlined in the Complaint and 9 requested a 30 day extension of time to file an answer, through November 9, 2020. On October 9, 2020, counsel for Plaintiff responded to Defendant Brown’s email advising that a stipulation 10 and proposed order would be required and inquiring as to when Defendant Brown expected to 11 retain counsel. Defendant Brown responded on October 15, 2020, stating that he was still in the 12 process of trying to retain counsel and that he intended to file an Answer. 13 The procedural posture of the case will not be affected by allowing Defendant Brown the 14 requested extension of time to file an Answer to the Complaint. The scheduling conference in 15 this case is scheduled for December 29, 2020, with reports due December 22, 2020. Currently pending before the Court are Defendants Adventist Health Hanford and Georganne Greene’s 16 motion to dismiss pursuant to FRCP Rule 12(b)(6). 17 The parties hereby stipulate to extend the time for Defendant Brown to file an Answer to 18 the Complaint to November 9, 2020 19 20 IT IS SO STIPULATED. 21 22 KAYE, McLANE, BEDNARSKI & LITT, LLP 23 DATED: October 19, 2020 By: / s / David S. McLane 24 David S. McLane 25 By: / s / Lindsay Battles Lindsay Battles 26 27 Attorneys for Plaintiff Karla Baday 1 DATED: October 19, 2020 By: / s / Daniel Brown, DO Daniel Brown, DO 2 Defendant, In Pro Per 3 4 5 ORDER 6 The parties’ above stipulation requests an extension of time for Defendant Daniel Brown 7 to file an answer to the Complaint in this action, with which he was served on June 11, 2020 (see 8 Doc. 11). The stipulation, however, fails to mention that a First Amended Complaint (“FAC”) 9 (Doc. 23) was filed, with the Court’s leave (see Doc. 22), on September 3, 2020. 10 As a general rule, an amended complaint supersedes the original complaint and renders 11 the latter inoperative. See Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010). It also 12 appears that Defendant Brown was not served with the FAC, as the docket does not reflect any 13 proof of service. (See Doc. 23.) Pursuant to Federal Rule of Civil Procedure 15(a)(3), a 14 response to an amended pleading is to “be made within the time remaining to respond to the 15 original pleading or within 14 days after service of the amended pleading, whichever is later.” 16 Fed. R. Civ. P. 15(a)(3). 17 Accordingly, Plaintiff is HEREBY ORDERED to file on the Court’s docket proof of 18 service of the FAC upon Defendant Brown by no later than October 26, 2020. Defendant 19 Brown’s responsive pleading is to be filed within 14 days of service of the FAC. The parties’ 20 stipulated request for an extension of time is otherwise DENIED as moot.1 21 22 IT IS SO ORDERED. 23 Sheila K. Oberto Dated: October 22, 2020 /s/ . 24 UNITED STATES MAGISTRATE JUDGE 25 26 27 1 The parties are advised that any future requests for extensions of time should be made before the expiration of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27