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M IG U EL M Á R Q U E Z

County Counsel

County of Santa Clara

S an Jose, California

Stipulation and [Proposed] Order to Modify

Scheduling Order; Decl of Steve Schmid -1- C05-01962 HRL

MIGUEL MÁRQUEZ, 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 28, 2010 Order (Docket No. 328), hearing on the parties

cross-motions for summary judgment is scheduled for August 24, 2010. The April 28, 2010

order specified that oppositions for both cross-motions were due on June 22, 2010 and July 20,

2010. Pursuant to the Court’s order dated June 17, 2010 (Docket No. 330) the briefing schedule

was further modified as follows: Oppositions due by June 24, 2010 and Replies due by July 22,

2010.

Because of Defendant County of Santa Clara’s counsel’s family plans during the week of

August 24, 2010, and further calender issues of Relator’s counsel, the parties have agreed to a

modification of the current schedule with the Court’s permission. Therefore, the parties hereby

submit the following stipulation and order to modify the current scheduling order as follows:

*E-FILED 06-24-2010* XXXXXXXX XXXXXXX

Case 5:05-cv-01962-HRL Document 332 Filed 06/24/10 Page 1 of 4
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M IG U EL M Á R Q U E Z

County Counsel

County of Santa Clara

S an Jose, California

Stipulation and [Proposed] Order to Modify

Scheduling Order; Decl of Steve Schmid -2- C05-01962 HRL

Current Proposed

Hearing Date for both cross-motions August 24, 2010 September 14, 2010

Oppositions due for both cross-motions June 24, 2010 June 25, 2010

Replies due for both cross-motions July 22, 2010 August 5, 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: June 22, 2010

Dated: June 22, 2010

Respectfully Submitted,

 MIGUEL MÁRQUEZ 

 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

LAW OFFICE OF JEREMY L. 

FRIEDMAN AND TIERNEY,

WATSON & HEALY 

By: /S/ Jeremy L. Friedman 

JEREMY FRIEDMAN

Attorneys for Relator

DONNA McLEAN 

 

XXXXXXX

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M IG U EL M Á R Q U E Z

County Counsel

County of Santa Clara

S an Jose, California

Stipulation and [Proposed] Order to Modify

Scheduling Order; Decl of Steve Schmid -3- C05-01962 HRL

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. The parties have previously requested continuance of the hearing on two

cross-motions for summary judgment and modification of the briefing schedule. When the

Court responded by continuing the hearing date from June 8, 2010 to August 24, 2010, I

neglected to note that I had family plans to be out of town that day. On June 21, 2010, I

telephoned Relator’s attorney to find out if Relator would agree to stipulate to a request to

continue the hearing date to a later date. We agreed upon September 14, 2010. Relator’s

counsel requested a stipulation to slightly modify the briefing schedule as follows: move the

date for filing oppositions from June 24, 2010 to June 25, 2010, and move the date for filing

Replies from July 22, 2010 to August 5, 2010. Defendant County is amenable to these briefing

modifications.

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 22nd day of June, 2010 at San Jose, California.

 /S/ 

STEVE SCHMID

XXXXXXX

Case 5:05-cv-01962-HRL Document 332 Filed 06/24/10 Page 3 of 4
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M IG U EL M Á R Q U E Z

County Counsel

County of Santa Clara

S an Jose, California

Stipulation and [Proposed] Order to Modify

Scheduling Order; Decl of Steve Schmid -4- C05-01962 HRL

ORDER

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

currently in force and makes the following order pursuant to the stipulation:

 Current Proposed

Hearing Date for both cross-motions August 24, 2010 September 14, 2010

Oppositions due for both cross-motions June 24, 2010 June 25, 2010

Replies due for both cross-motions July 22, 2010 August 5, 2010

IT IS SO ORDERED.

Dated:______________ _______________________________

JUDGE HOWARD R. LLOYD

XXXXXX XXXXXX XXXXXXXXXX XXXXXXXX XXXXXXXX June 24, 2010 United States Magistrate Judge XXXXXXX

Case 5:05-cv-01962-HRL Document 332 Filed 06/24/10 Page 4 of 4