STIPULATION and [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON INDIVIDUAL FEDERAL AGENTS' MOTION TO DISMISS

BETH LABSON FREEMAN, District Judge.

The parties hereby stipulate to, and propose, a change in the briefing schedule on the pending motion to dismiss filed by Defendants John Fernandez, Brendan Omori, Anthony Parker, and Joshua Singleton ("Individual Federal Agents"). (Dkt. No. 91). The parties stipulate only to a change in the briefing schedule, and the Individual Federal Agents object to any continuation of the hearing date.

Defendants John Fernandez, Brendan Omori, Anthony Parker, and Joshua Singleton ("Individual Federal Agents") were members of a DEA Joint Task Force investigating a dangerous drug ring in Santa Cruz, California. After they arrested Plaintiff Haley Wright, Ms. Wright and her sisters sued them and other defendants alleging tort and constitutional claims. (Dkt. No. 1). The United States, sued under the Federal Tort Claims Act ("FTCA"), was dismissed when the Court held that Plaintiffs' failed to exhaust administrative remedies as required by the FTCA. (Dkt. No. 67). The Court denied the Individual Federal Agents' motion to dismiss for improper service (see id.), but later granted their motion to dismiss for failure to state a claim, with leave to amend. (Dkt. No. 89). The Court also set a trial date of January 11, 2016, and set a summary judgment filing deadline of September 10, 2015.1

Plaintiffs' filed a first amended complaint, and the Individual Federal Agents' also moved to dismiss that complaint for failure to state a claim, and based on qualified immunity on December 10, 2014. (Dkt. No. 91). The hearing for that motion is set for January 22, 2015, and Plaintiffs' opposition is presently due December 24, 2014. See L.R. 7-3(a). For the reasons set forth below, Plaintiffs requested an extension of time. The Individual Federal Agents do not oppose this request provided that it does not delay the hearing date. In light of the trial date and summary judgment schedule, the Individual Federal Agents cannot agree to delay the hearing date unless the other pre-trial dates are also continued.

As a compromise, the parties stipulate that the schedule be altered as follows:

This continuation is necessary and appropriate in light of the circumstances of Mr. Lodge, one of Plaintiffs' attorneys. First, Mr. Lodge was out of the country until December 15, 2014. Second, his mother became gravely ill while he was away, and now placed on hospice, and he is now her primary caretaker. Third, Mr. Lodge had oral surgery after returning to the United States, and had to take substantial pain killers for several days, which reduced his ability to work. In light of these circumstances, the parties agree that an extension is appropriate.

The parties contacted the Court to determine whether the hearing could be continued a short time to permit such an extension, but the Court's next available hearing date is not until March 26, 2014. The Individual Federal Agents cannot agree to that date given the January 2016 trial date and the September 2016 summary judgment filing deadline. No discovery has occurred in this case, and the Individual Federal Agents are "entitled to dismissal before the commencement of discovery" unless "the plaintiff's allegations state a claim of violation of clearly established law. . . ." Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). Given the current schedule, moving the hearing date to March 26, 2015, will compact the discovery calendar, particularly because counsel for the Individual Federal Agents is scheduled for trial on June 2, 2015, June 22, 2015, and August 25, 2015.

Thus, the parties agree and stipulate to adjusting the internal briefing schedule as set forth above, but keeping the January 22, 2015, hearing date. Finally, the parties request that the January 22, 2015, hearing be set for 11:00 a.m. in light of the parties' travel requirements, as previously discussed with this Court on the record.

PURSUANT TO STIPULATION, IT IS SO ORDERED, THAT: