United States District Court

For the Northern District of California

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NOT FOR CITATION

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

UNITED STATES ex rel. DONNA M.

McLEAN and THE STATE OF CALIFORNIA 

ex rel DONNA M. McLEAN,

Plaintiffs,

 v.

THE COUNTY OF SANTA CLARA, THE

DEPARTMENT OF CHILDREN AND

FAMILY SERVICES OF SANTA CLARA

COUNTY, KENNETH BORELLI,

LAWRENCE GALLEGOS, EPIFANIO (“J.R.”)

REYNA, TANYA BEYERS, DR. DEE

SCHAEFFER, DR. TOMMIJEAN THOMAS,

DR. RICHARD PERILLO and DOES 1-100,

Defendants. /

COUNTY OF SANTA CLARA,

Counter-claimant,

 v.

DONNA M. McLEAN and DOES 1-100,

Counter-defendants. /

No. C05-01962 HRL

ORDER SEVERING AND STAYING

CLAIMS AGAINST DEFENDANT DR.

DEE SCHAEFFER

Relator Donna McLean and defendants Santa Clara County, Kenneth Borelli, Lawrence

Gallegos, Epifanio Reyna, Tanya Beyers and Dr. Tommijean Thomas have voluntarily

consented to proceed before a magistrate judge, including for trial and the entry of final

*E-FILED ON 10/31/06*

Case 5:05-cv-01962-HRL Document 69 Filed 10/31/06 Page 1 of 3
United States District Court

For the Northern District of California

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judgment, pursuant to 28 U.S.C. § 636(c). Defendant Dr. Richard Perillo has been voluntarily

dismissed from this action. Default has been entered against the remaining defendant, Dr. Dee

Schaeffer.

A magistrate judge may conduct civil proceedings and order the entry of judgment if

the parties consent. See 28 U.S.C. § 636(c); FED.R.CIV.P. 73; see also, e.g., Binder v. Gillespie,

184 F.3d 1059, 1063 (9th Cir. 1999) (concluding that magistrate judge had jurisdiction to enter

final judgment as between consenting parties, despite lack of written consent from defaulting

defendants). Further, under Fed.R.Civ.P. 21, the court has discretion to sever parties or any

claims against a party “on such terms as are just.” See FED.R.CIV.P. 21 (“Parties may be

dropped or added by order of the court on motion of any party or of its own initiative at any

stage of the action and on such terms as are just. Any claim against a party may be severed and

proceeded with separately”).

In this case, the court concludes that severance of the claims against Dr. Schaeffer will

prevent any further delay in the adjudication of the claims between plaintiff and other

defendants. Further, the court finds that no substantial right will be impaired by the severance. 

Accordingly, all claims against Dr. Schaeffer are SEVERED, and the action is STAYED with

respect to her.

IT IS SO ORDERED.

Dated:

 

HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

October 31, 2006

Case 5:05-cv-01962-HRL Document 69 Filed 10/31/06 Page 2 of 3
United States District Court

For the Northern District of California

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5:05-cv-1962 Notice will be electronically mailed to: 

Orley Brandt Caudill , Jr brandt_caudill@cmwlaw.net, christopher_zopatti@cmwlaw.net 

Melissa R. Kiniyalocts melissa.kiniyalocts@cco.co.scl.ca.us 

Douglas A Linde dal@lindelaw.net, ela@lindelaw.net 

Sara McLean sara.mclean@usdoj.gov 

Sara Winslow sara.winslow@usdoj.gov, kathy.terry@usdoj.gov; claire.muller@usdoj.gov 

Counsel are responsible for distributing copies of this document to co-counsel who have

not registered for e-filing under the court’s CM/ECF program.

Courtesy copy will be mailed to:

Julia Clayton

Deputy Attorney General

California Attorney General’s Office

455 Golden Gate Avenue, Suite 11000

San Francisco, CA 94102-7004

Case 5:05-cv-01962-HRL Document 69 Filed 10/31/06 Page 3 of 3