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NOT FOR CITATION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

SCHAFFER, DR. TOMMIJEAN THOMAS,

DR. RICHARD PERILLO and DOES 1-100,

Defendants. /

No. C05-01962 HRL

ORDER GRANTING McLEAN’S EX

PARTE APPLICATION FOR

EXTENSION OF TIME TO

SUBSTITUTE NEW COUNSEL

[Docket No. 278]

This court previously permitted conditional withdrawal by relator Donna McLean’s

third attorney, William Dresser, and granted McLean’s request for a stay of these proceedings

to permit her time to secure new counsel. (See Docket No. 277, October 9, 2009 Order). On

November 25, 2009, a few days before the stay was to automatically expire, relator filed an ex

parte application to extend the stay through January 4, 2010. The United States, which declined

to intervene in this action, reportedly takes no position on McLean’s requested extension. 

Defendants, however, oppose the motion and request that this case be dismissed as per this

court’s October 9, 2009 order.

*E-FILED 12-04-2009*

Case 5:05-cv-01962-HRL Document 284 Filed 12/04/09 Page 1 of 3
United States District Court

For the Northern District of California

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Having considered the moving and responding papers, this court does not find good

cause for the requested extension. Nonetheless, in the interests of justice it will give relator one

last opportunity to retain new counsel. Accordingly, the December 8, 2009 case management

conference is vacated, and this action will be stayed through January 4, 2010 at which time the

stay will automatically expire. Assuming McLean has secured new counsel: (a) her new

attorney(s) shall promptly enter an appearance and substitute into the matter, (b) the parties

shall file a status report on January 5, 2010, and (c) a case management conference will be held

on January 12, 2010, 1:30 p.m. to discuss the status of the remaining discovery addressed in this

court’s September 8, 2009 order and the setting of new dates for dispositive motion hearings,

the final pretrial conference and trial. If McLean fails to retain new counsel on or before the

expiration of the stay, the court intends to dismiss this action, without prejudice to the

government. See United States ex rel Stoner v. Santa Clara County Office of Education, 502

F.3d 1116, 1128 (9th Cir. 2007).

SO ORDERED.

Dated:

 

HOWARD R. LLOYD

UNITED STATES MAGISTRATE JUDGE

December 4, 2009

Case 5:05-cv-01962-HRL Document 284 Filed 12/04/09 Page 2 of 3
United States District Court

For the Northern District of California

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5:05-cv-01962-HRL Notice has been electronically mailed to: 

Joan Eve Trimble joan_trimble@cmwlaw.net, patricia_inabnet@cmwlaw.net 

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

marylou.gonzales@cco.sccgov.org 

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

Sara McLean sara.mclean@usdoj.gov 

Sara Winslow sara.winslow@usdoj.gov, kathy.terry@usdoj.gov 

Stephen H. Schmid stephen.schmid@cco.co.santa-clara.ca.us,

marylou.gonzales@cco.sccgov.org 

Virginia Stewart Alspaugh Virginia_Alspaugh@cmwlaw.net, Linda_Knobbe@cmwlaw.net,

TheAlspaughs@cox.net 

William C Dresser loofwcd@aol.com 

William C. Dresser loofwcd@aol.com 

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.

Copy of order mailed to:

Julia Ann Clayton 

California Attorney General’s Office 

455 Golden Gate Avenue # 11000 

San Francisco , CA 94102-7004

Donna McLean

1316 Arroyo Seco Drive

Campbell, CA 95008

Case 5:05-cv-01962-HRL Document 284 Filed 12/04/09 Page 3 of 3