Bock et al v. County of Sutter et al
Filing
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ORDER signed by Judge Morrison C. England, Jr. on 06/28/11 GRANTING the 9 Ex Parte Application. Defendants points and authorities are not to exceed 25 pages in length. (Michel, G)
<![CDATA[
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A PROFESSIONAL CORPORATION
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Terence J. Cassidy, SBN 99180
John R. Whitefleet, SBN 213301
350 University Ave., Suite 200
Sacramento, California 95825
TEL: 916.929.1481
FAX: 916.927.3706
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Attorneys for Defendants COUNTY OF SUTTER, COUNTY OF YUBA, J. PAUL
PARKER, TOM SHERRY, AMERJIT BHATTAL, BRAD LUZ, JOHN S. ZIL,
CHRISTOPHER BARNETT, and SADOUTOUNNISSA MEER
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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ESTATE OF RODNEY LOUIS BOCK,
deceased, by and through CYNDIE DENNY
BOCK, as Administrator; KIMBERLY
BOCK; KELLIE BOCK HILLARY BOCK;
M.B. minor through her mother and guardian
ad litem Cyndie Denny Bock; LAURA LYNN
BOCK; and ROBERT BOCK,
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CASE NO: 2:11-cv-00536-MCE-GGH
DEFENDANTS’
EX
PARTE
APPLICATION TO EXCEED PAGE
LIMITS FOR MEMORANDUM OF
POINTS AND AUTHORITIES IN
SUPPORT OF MOTION TO DISMISS;
DECLARATION IN SUPPORT
THEREOF ; [PROPOSED] ORDER
Plaintiffs,
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vs.
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COUNTY OF SUTTER; COUNTY OF
YUBA; J. PAUL PARKER, Sutter County
Sheriff’s Department Sheriff; TOM SHERRY,
Director of Human Services of Sutter and
Yuba Countyies; AMERJIT BHATTAL,
Assistant Director of Human Services-Health
Division of Sutter and Yuba Counties; BRAD
LUZ, Assistant Director of Human ServicesMental Health of Sutter and Yuba Counties;
JOHN S. ZIL; CHRISTOPHER BARNETT;
SADOUTOUNNISSA MEER; and Does 1
through XL inclusive,
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Defendants.
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/
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I.
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APPLICATION
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Defendants COUNTY OF SUTTER, COUNTY OF YUBA, J. PAUL PARKER, TOM
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SHERRY, AMERJIT BHATTAL, BRAD LUZ, JOHN S. ZIL, CHRISTOPHER BARNETT,
PORTER * SCOTT
ATT O RN EY S
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
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T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00908959.WPD
EX PARTE APPLICATION TO EXCEED PAGE LIM ITS
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and SADOUTOUNNISSA MEER(hereinafter collectively “Defendants”) hereby apply for
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an order allowing Defendants to exceed the page limit for a memorandum of points and
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authorities in support of their Motion Dismiss.
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Defendants respectfully submit that good cause exists to allow them to exceed the
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twenty (20) page limitation as set forth in the Order Requiring Joint Status Report dated
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February 25, 2011 (p.4:1-3, Docket Entry No. 5) because the nature of claims involving both
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federal constitutional claims and state law claims, as against multiple defendants both
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individual and entities, together with the affirmative defenses and immunities that arise from
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said pleadings, render it impossible to address the complicated issues raised by Plaintiffs’
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thirty-nine (39) page complaint that contains eleven express claims for relief, within the page
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limitation provided in the Order Requiring Joint Status Report dated February 25, 2011.
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Despite a good faith effort by Defendants to comply with the page limitation, it was
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impossible to do so while sufficiently addressing all the necessary issues raised within the
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operative complaint in approximately twenty-four (24) pages. Based upon the foregoing,
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Defendants submit good cause exists, and thus the Court should grant this Application.
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DATED: June 28, 2011
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Respectfully submitted,
PORTER SCOTT
A Professional Corporation
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By
/s/ John R. Whitefleet
Terence J. Cassidy
John R. Whitefleet
Attorney for Defendants
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PORTER * SCOTT
ATT O RN EY S
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
2
T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00908959.WPD
EX PARTE APPLICATION TO EXCEED PAGE LIM ITS
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II.
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DECLARATION OF JOHN R. WHITEFLEET
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I, John R. Whitefleet, declare:
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1.
I am an attorney at law licensed to practice before all the courts in the State of
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California and the United States District Court, Eastern District of California and am a
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shareholder with the law firm of Porter Scott, a Professional Corporation, attorneys for
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Defendants in the above-titled matter.
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2.
The operative complaint of Plaintiffs is thirty-nine (39) pages that contains
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eleven express claims for relief, several embedded claims, involving both federal
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constitutional claims and state law claims, as against multiple defendants both individual and
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entities. Defendants have in good faith attempted to address the complicated issues raised
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by Plaintiffs’ operative complaint within the page limitation provided by the Order Requiring
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Joint Status Report dated February 25, 2011. Sufficiently addressing the deficiencies in these
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claims, together with potential affirmative defenses and immunities, Defendants anticipate
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filing a Motion to Dismiss that is approximately twenty-four (24) pages.
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3.
Accordingly, on behalf of Defendants, I respectfully request leave to exceed
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the page limitations provided by the Order Requiring Joint Status Report dated February 25,
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2011.
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I declare under penalty of perjury under the laws of the State of California, that the
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foregoing is true and correct and if called to testify as a witness in this matter I can and will
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testify competently as to the matters of fact contained herein based upon my personal
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knowledge. Executed this 28th day of June, 2011, at Sacramento, California.
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/s/ John R Whitefleet
John R. Whitefleet
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PORTER * SCOTT
ATT O RN EY S
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
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T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00908959.WPD
EX PARTE APPLICATION TO EXCEED PAGE LIM ITS
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ORDER
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Proof of good cause having been made to the satisfaction of this Court that the
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application sought for Defendants to exceed the page limit for a memorandum of points and
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authorities in support of their Motion to Dismiss should be granted, IT IS SO ORDERED
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that the application be, and hereby is, GRANTED. Defendants’ points and authorities are
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not to exceed twenty-five (25) pages in length.
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IT IS SO ORDERED.
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Dated: June 28, 2011
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________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE
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PORTER * SCOTT
ATT O RN EY S
3 5 0 U N I V E R S I T Y A V E ., S U I T E 2 0 0
SAC RAM EN T O , C A 95825
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T E L : 9 1 6 . 9 2 9 .1 4 8 1
F A X : 9 1 6 . 9 2 7 .3 7 0 6
www.porterscott.com
00908959.WPD
EX PARTE APPLICATION TO EXCEED PAGE LIM ITS
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