Her v. County of Sacramento et al

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[PROPOSED] ORDER RE JOINT STIPULATION TO CONTINUE RESPONSIVE PLEADINGS DEADLINES
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DERICK E. KONZ, ESQ., SB No. 286902
dkonz@akk-law.com
SERENA M. WARNER, ESQ., SB No. 264799
swarner@akk-law.com
MATTHEW B. GRACE, ESQ., SB No. 262503
mgrace@akk-law.com
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: (916) 564-6100
Telecopier: (916) 564-6263
Attorneys for Defendant SERGEANT TRACEY JACOBS
PUBLIC ENTITY, FILING FEES WAIVED PURSUANT TO GOV’T CODE §6103
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DEPUTY JOHNNY HER, an individual,
Plaintiff,
vs.
COUNTY OF SACRAMENTO;
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, a subsidiary of County of
Sacramento; SERGEANT TRACEY JACOBS;
and DOES 1 through 50, inclusive,
Defendants.
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Case No.: 2:25-cv-02915-JDP
[PROPOSED] ORDER RE JOINT
STIPULATION TO CONTINUE
RESPONSIVE PLEADINGS DEADLINES
Defendant County of Sacramento (erroneously sued as Sacramento County Sheriff’s
Department) (hereinafter “the County”) was served with the Complaint from Plaintiff Johnny Her
(hereinafter “Plaintiff’) on September 8, 2025. Defendant Tracey Jacobs (hereinafter “Jacobs”)
was served with the Complaint from Plaintiff on September 8, 2025. The County, with the consent
of Jacobs (collectively hereinafter “Defendants”), filed a Notice of Removal on October 8, 2025,
rendering Defendants’ responsive pleadings due October 15, 2025.

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[PROPOSED] ORDER RE JOINT STIPULATION TO CONTINUE RESPONSIVE PLEADINGS DEADLINES
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The Parties, having been engaging in efforts to meet and confer on the Complaint and
Defendants’ issues therewith, agreed that moving the deadline for Defendants to respond to
Plaintiffs Complaint by an additional 28 days to allow time to continue meet-and-confer efforts on
the pleadings was appropriate and beneficial, and accordingly stipulated to extend the Deadline
for Defendants to file a responsive pleading to Plaintiffs Complaint by 28 days (ECF No. 4),
resulting in this Court’s Order to Continue Responsive Pleading Deadlines from October 15, 2025
to November 12, 2025 (ECF No. 5), on which date they are currently due.
At this time, discussions regarding the most suitable means of addressing the points raised
in the course of ongoing meet and confer efforts are still underway.
The Parties agree that moving the deadline for Defendants to respond to Plaintiffs
Complaint by an additional 28 days to allow further time to meet-and-confer on the pleadings and
determine the most appropriate course of action with respect to the progression of this litigation is
appropriate and beneficial to the goal of avoiding expense and time of extensive litigation and/or
a Motion to Dismiss and/or Motion to Strike under FRCP 12(b)(6), 12(f), and the associated undue
consumption of the Court’s time.
Therefore, the Parties, by and through their respective counsel, hereby stipulate and agree
that the deadline for Defendants to file a responsive pleading to Plaintiffs Complaint should be
moved by 28 days from November 12, 2025 to December 10, 2025.
IT IS SO STIPULATED.
Dated: October 29, 2025 ANGELO, KILDAY & KILDUFF, LLP
/s/ Derick E. Konz
By: _________________________________
DERICK E. KONZ
Attorney for Defendant
SERGEANT TRACEY JACOBS
/ / /
/ / /

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[PROPOSED] ORDER RE JOINT STIPULATION TO CONTINUE RESPONSIVE PLEADINGS DEADLINES
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Dated: October 29, 2025 PORTER SCOTT
/s/ Seven E. Weiss
(As Authorized on 10/27/2025)
By: _________________________________
DEREK J. HAYNES
STEVEN E. WEISS
Attorneys for Defendant
COUNTY OF SACRAMENTO
Dated: October 29, 2025 SAMUEL and SAMUEL
/s/ Peter F. Samuel
(As Authorized on 10/27/2025)
By: _________________________________
PETER F. SAMUEL
Attorney for Plaintiff JOHNNY HER

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[PROPOSED] ORDER RE JOINT STIPULATION TO CONTINUE RESPONSIVE PLEADINGS DEADLINES
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DERICK E. KONZ, ESQ., SB No. 286902
dkonz@akk-law.com
SERENA M. WARNER, ESQ., SB No. 264799
swarner@akk-law.com
MATTHEW B. GRACE, ESQ., SB No. 262503
mgrace@akk-law.com
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: (916) 564-6100
Telecopier: (916) 564-6263
Attorneys for Defendant SERGEANT TRACEY JACOBS
PUBLIC ENTITY, FILING FEES WAIVED PURSUANT TO GOV’T CODE §6103
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DEPUTY JOHNNY HER, an individual,
Plaintiff,
vs.
COUNTY OF SACRAMENTO;
SACRAMENTO COUNTY SHERIFF’S
DEPARTMENT, a subsidiary of County of
Sacramento; SERGEANT TRACEY
JACOBS; and DOES 1 through 50, inclusive,
Defendants.
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Case No.: 2:25-cv-02915-JDP
[PROPOSED] ORDER RE JOINT
STIPULATION TO CONTINUE
RESPONSIVE PLEADINGS DEADLINES
Good cause appearing therefore, IT IS HEREBY ORDERED, per Stipulation by the Parties, that
the deadline for Defendants to file a responsive pleading to Plaintiffs’ Complaint be moved by 28
days from November 12, 2025 to December 10, 2025.
IT IS SO ORDERED.
Dated: October 29, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE