Wade v. Antioch Police Department et al, No. 4:2023cv01130 - Document 40 (N.D. Cal. 2024)

Court Description: ORDER GRANTING 39 JOINT STIPULATION: Deadline to seek leave to amend the pleadings to add new parties, claims or defenses is extended from 4/16/2024 to 5/3/2024. Signed by Chief Magistrate Judge Donna M. Ryu on 4/16/2024. (ig, COURT STAFF) (Filed on 4/16/2024)

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Wade v. Antioch Police Department et al 1 2 3 4 5 6 7 8 9 10 Doc. 40 JORGE DENEVE (S.B. #198855) jdeneve@omm.com O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, California 90071-2899 Telephone: (213) 430-6000 Facsimile: (213) 430-6407 RAMON RAMIREZ (S.B. #280772) rramirez@omm.com ENOCH O. AJAYI (S.B. #337392) eajayi@omm.com O’MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, California 94025-7019 Telephone: +1 650 473 2600 Facsimile: +1 650 473 2601 Attorneys for Plaintiff Kathryn Wade 11 12 (Additional Counsel Listed on the Following Page) 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 17 KATHRYN WADE, 18 19 20 21 22 23 Case No. 4:23-CV-01130-DMR Plaintiff, v. JOINT STIPULATION AND ORDER EXTENDING DEADLINE TO SEEK LEAVE TO AMEND THE PLEADINGS CITY OF ANTIOCH, OFFICER M. MELLONE, OFFICER J. EWART, DOE OFFICERS 1-10, inclusive, Judge: Hon. Donna M. Ryu Defendants. Trial: July 14, 2025 24 25 26 27 28 -1- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR Dockets.Justia.com 1 2 3 4 PATRICK D. MORIARTY, State Bar No. 213185 pmoriarty@cmtrlaw.com JOHN B. ROBINSON, State Bar No. 297065 jrobinson@cmtrlaw.com CASTILLO, MORIARTY, TRAN & ROBINSON 75 Southgate Avenue Daly City, CA 94015 Telephone: (415) 213-4098 5 6 Attorneys for Defendants CITY OF ANTIOCH and OFFICER MICHAEL MELLONE 7 8 9 10 11 CHESTER E. WALLS, State Bar No. 286398 cew@litg-engr.com LITIGATION ENGINEERED 1300 E. Shaw Avenue, Suite 125 Fresno, CA 93710-7903 Telephone: (559) 221-2771 Facsimile: (559) 221-2775 12 13 Attorney for OFFICER JACOB EWART 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR 1 Pursuant to Civil Local Rule 7-12, Plaintiff Kathryn Wade (“Plaintiff”), on the one hand, 2 and Defendants City of Antioch, Officer Michael Mellone, and Officer J. Ewart (collectively, 3 “Defendants”), on the other hand, by and through their respective counsel, hereby stipulate as 4 follows: 5 6 7 8 9 10 11 12 RECITALS WHEREAS, on March 10, 2023, Plaintiff, representing herself, filed her Complaint (Dkt. 1), initiating this action; WHEREAS, on April 17, 2023, the Court issued an order granting Plaintiff leave to proceed in forma pauperis, finding the Complaint failed to state a claim upon which relief may be granted, and granting Plaintiff leave to file an amended complaint (Dkt. 5); WHEREAS, on June 12, 2023, Plaintiff, representing herself, filed a First Amended Complaint (the “FAC,” Dkt. 8); 13 WHEREAS, on July 21, 2023, Defendants filed their Answer to the FAC (Dkt. 14); 14 WHEREAS, on September 20, 2023, the Court held the Initial Case Management 15 Conference, during which Plaintiff informed the Court that she intended to consult with the Legal 16 Help Center and file a motion for appointment of counsel, and the Court set a Further Case 17 Management Conference for January 17, 2024 (Dkt. 18); 18 WHEREAS, on October 3, 2023, the Court, having found that Plaintiff had requested and 19 was in need of counsel to assist her in this action, entered an Order referring Plaintiff to the 20 Federal Pro Bono Project and staying proceedings pending appointment of counsel (Dkt. 22); 21 WHEREAS, on October 24, 2023, the Court entered an Order appointing the above- 22 identified attorneys from O’Melveny & Myers LLP as counsel for Plaintiff for all purposes for 23 the duration of this action (Dkt. 24); 24 WHEREAS, on January 17, 2024, the Court held a Further Case Management 25 Conference and set a deadline of April 16, 2024 for the Parties to seek leave to amend the 26 pleadings to add new parties, claims or defenses (Dkt. 29); 27 WHEREAS, Plaintiff intends to amend the FAC, has provided Defendants with a draft 28 -3- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR 1 proposed Second Amended Complaint (the “Proposed SAC”), and the Parties are meeting and 2 conferring on the Proposed SAC; and 3 WHEREAS, having met and conferred, and to avoid unnecessary motion practice and 4 conserve the Court’s and the Parties’ resources, the Parties wish to continue meeting and 5 conferring on Plaintiff’s Proposed SAC and request that the Court enter an Order extending the 6 deadline to seek leave to amend the pleadings as set forth below. 7 STIPULATION 8 NOW, THEREFORE, the Parties, by and through their respective counsel, hereby 9 10 11 stipulate and agree as follows: The deadline to seek leave to amend the pleadings to add new parties, claims or defenses shall be extended from April 16, 2024 to May 3, 2024. 12 13 IT IS SO STIPULATED, through Counsel of Record. 14 15 16 17 Dated: April 15, 2024 O’MELVENY & MYERS LLP JORGE DENEVE RAMON RAMIREZ ENOCH O. AJAYI 18 19 20 By: /s/ Jorge deNeve Jorge deNeve Attorneys for Plaintiff Kathryn Wade 21 22 23 24 25 26 27 28 -4- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR 1 Dated: April 15, 2024 2 CASTILLO, MORIARTY, TRAN & ROBINSON PATRICK D. MORIARTY JOHN B. ROBINSON 3 4 By: /s/ John R. Robinson John R. Robinson Attorneys for Defendants City of Antioch and Officer M. Mellone 5 6 7 8 9 Dated: April 15, 2024 10 LITIGATION ENGINEERED CHESTER E. WALLS 11 12 By: /s/ Chester E. Walls Chester E. Walls Attorneys for Defendant Officer J. Ewart 13 14 ATTESTATION 15 16 17 Pursuant to Civil Local Rule 5-1(i)(3), I attest that the other signatories hereto, on whose behalf this filing is submitted, concur in the filing of this document. 18 19 Dated: April 15, 2024 /s/ Jorge deNeve Jorge deNeve 20 21 22 23 24 25 26 27 28 -5- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR 1 2 3 4 5 ORDER The above stipulation having been considered and good cause appearing, THE COURT ORDERS AS FOLLOWS: The deadline to seek leave to amend the pleadings to add new parties, claims or defenses is extended to May 3, 2024. 6 8 S DISTRICT TE C A T 14 ER R NIA u FO a M. Ry H 13 onn Judge D RT 12 NO 11 ERED O ORD IT IS S LI 10 Dated: _____________ April 16, 2024 A 9 UNIT ED S PURSUANT TO STIPULATION, IT IS SO ORDERED. RT U O 7 N F C D IS T IC T O _________________________________ R HON. DONNA M. RYU CHIEF MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- JOINT STIPULATION AND ORDER EXTENDING DEADLINE CASE NO. 4:23-CV-01130-DMR

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