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Stipulation and Proposed Order to Modify

Scheduling Order; Declaration of Steve

Schmid in Support Thereof C05-01962 HRL

M IG U EL M Á R Q U E Z

A cting County Counsel

County of Santa Clara

S an Jose, California 1

MIGUEL MÁRQUEZ, Acting County Counsel (S.B. #184621)

MELISSA R. KINIYALOCTS, Lead Deputy County Counsel (S.B. #215814)

STEPHEN H. SCHMID, Deputy County Counsel (S.B. #078055)

OFFICE OF THE COUNTY COUNSEL

70 West Hedding, East Wing, 9 Floor th

San Jose, California 95110-1770

Telephone: (408) 299-5900

Facsimile: (408) 292-7240

Attorneys for Defendants

COUNTY OF SANTA CLARA, KENNETH

BORELLI, LAWRENCE GALLEGOS,

EPIFANIO REYNA, and TANYA BEYERS

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

(San Jose)

UNITED STATES OF AMERICA, )

ex. rel. DONNA M McLEAN et al., )

)

Plaintiffs, )

)

)

v. )

)

THE COUNTY OF SANTA CLARA, a )

municipality et al., )

)

)

Defendants. )

__________________________________)

No. C05-01962 HRL

STIPULATION AND PROPOSED ORDER

TO MODIFY SCHEDULING ORDER;

DECLARATION OF STEVE SCHMID IN

SUPPORT THEREOF

Pursuant to the Court’s April 2, 2010 Order (Docket No. 307), hearing on the parties

cross-motions for summary judgment is scheduled for June 8, 2010. The April 2, 2010 order

specified a briefing schedule set “in accordance with a normal 35-day calendar under Civil

Local Rule 7.” Therefore, opposition briefs are due on May 18, 2010 and reply briefs are due

on May 25, 2010.

Due to the factual complexity of Relator’s Motion for Partial Summary Judgment,

Defendants will require additional time to file their opposition. Relator has agreed to a

modification of the April 2, 2010 Order with the Court’s permission. Therefore, the parties

hereby submit the following stipulation and order to modify the current scheduling order as

*E-FILED 04-28-2010* XXXXXXXX MODIFIED BY THE COURT

Case 5:05-cv-01962-HRL Document 328 Filed 04/28/10 Page 1 of 4
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Stipulation and Proposed Order to Modify

Scheduling Order; Declaration of Steve

Schmid in Support Thereof C05-01962 HRL

M IG U EL M Á R Q U E Z

A cting County Counsel

County of Santa Clara

S an Jose, California 2

follows:

Current Proposed

Hearing Date for both cross-motions June 8, 2010 August 3, 2010

Oppositions due for both cross-motions May 18, 2010 June 22, 2010

Replys due for both cross-motions May 25, 2010 July 20, 2010

This Stipulation and Proposed Order is accompanied by the Declaration of Steve Schmid

attached hereto.

I hereby attest that I have on file all holographic signatures for any signatures indicated by

“conformed” signature (/S/) within this efiled document.

IT IS SO STIPULATED.

Dated: April 27, 2010

 Respectfully Submitted,

 MIGUEL MÁRQUEZ 

 Acting County Counsel

By: /S/ 

 STEVE SCHMID

 Deputy County Counsel

Attorneys for Defendants

COUNTY OF SANTA CLARA,

KENNETH BORELLI, LAWRENCE

GALLEGOS, EPIFANIO REYNA, and

TANYA BEYERS 

Dated: April 27, 2010

 LAW OFFICE OF JEREMY L. 

FRIEDMAN TIERNEY, WATSON &

HEALY 

By: /S/ Jeremy L. Friedman 

 JEREMY FRIEDMAN

Attorneys for Relator

DONNA McLEAN

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Stipulation and Proposed Order to Modify

Scheduling Order; Declaration of Steve

Schmid in Support Thereof C05-01962 HRL

M IG U EL M Á R Q U E Z

A cting County Counsel

County of Santa Clara

S an Jose, California 3

DECLARATION OF STEVE SCHMID IN SUPPORT OF STIPULATION

AND PROPOSED ORDER TO MODIFY SCHEDULING ORDER

I, Steve Schmid, declare as follows:

1. I am employed as a Deputy County Counsel for the County of Santa Clara and am

duly licensed to practice law before this Court and all California courts. I am one of the

attorneys of record for the County of Santa Clara Defendants.

2. Relator’s motion for partial summary judgment is voluminous and data-intensive. It

will require more time to efficiently and completely respond to the factual portion of the motion

than can be accomplished under the current briefing schedule.

3. This request for an order to modify the scheduling order is made jointly pursuant to

stipulation. Counsel for Relator and Santa Clara County Defendants have met and conferred

regarding the proposed modified schedule.

I declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed this 27 day of April, 2010 at San Jose, California. th

 /S/ 

 STEVE SCHMID

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Stipulation and Proposed Order to Modify

Scheduling Order; Declaration of Steve

Schmid in Support Thereof C05-01962 HRL

M IG U EL M Á R Q U E Z

A cting County Counsel

County of Santa Clara

S an Jose, California 4

ORDER

The Court has considered the stipulation to modify the scheduling order information

specified in the April 2, 2010 Order and makes the following order pursuant to the stipulation:

 Current Proposed

Hearing Date for both cross-motions June 8, 2010 August 3, 2010

Oppositions due for both cross-motions May 18, 2010 June 22, 2010

Replys due for both cross-motions May 25, 2010 July 20, 2010

IT IS SO ORDERED.

Dated:______________ _______________________________

JUDGE HOWARD R. LLOYD

269904.wpd

==========- modificationX

24 April 28, 2010 UNITED STATES MAGISTRATE JUDGE 10:00 AM

Case 5:05-cv-01962-HRL Document 328 Filed 04/28/10 Page 4 of 4