JOINT STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED FIRST AMENDED COMPLAINT AND SCHEDULING MOTIONS TO DISMISS

JON S. TIGAR, District Judge.

Pursuant to Local Rules 6-2 and 7-12, Plaintiff Gabriel Pineida and Defendants Lee, Rodriguez, Sepulveda, and Wall ("Defendants," and collectively with Pineida, the "Parties"), stipulate as recited below:1

WHEREAS, on August 23, 2013, a panel of Court-appointed experts submitted a report regarding health care provided to inmates at Salinas Valley State Prison ("SVSP"), and this report identified Brian Wilson as CEO of health care operations at SVSP since 2013 (Plata, et al. v. Brown, et al., Case No. 3:01-cv-01351, Dkt. No. 2704 (the "Plata Report") at p. 8);

WHEREAS, on April 10, 2014, Pineida filed a motion for leave to file an amended complaint adding as defendants certain SVSP officials, including the CEO of health care, who he believed to be Brian Wilson (Dkt. No. 86);

WHEREAS, by Order dated June 27, 2014, the Court granted Pineida's motion for leave to file an amended complaint (Dkt. No. 103);

WHEREAS, on June 27, 2014, Pineida filed his First Amended Complaint (Dkt. No. 107);

WHEREAS, on July 1, 2014, the Court issued a summons directed to the newly added defendants, including Brian Wilson (Dkt. No. 108);

WHEREAS, after attempting service, Pineida learned that the CEO of health care at SVSP was named Brian Marshall, and not "Brian Wilson";

WHEREAS, the Parties agree that the error in naming defendants in the First Amended Complaint was due to the apparent clerical error in the Plata Report;

WHEREAS, the Parties agree that Pineida should be permitted to file the CORRECTED First Amended Complaint attached hereto as Exhibit 1 changing the name of the SVSP CEO named in the complaint from Brian Wilson to Brian Marshall;

WHEREAS, Mr. Pineida further requests that the Court issue a summons directed to Brian Marshall in the form attached hereto as Exhibit 2, and Defendants do not oppose this request;

WHEREAS, on July 11, 2014, Defendants filed a motion to dismiss the First Amended Complaint (Dkt. No. 118);

WHEREAS, the Parties agree that the pending motion to dismiss shall be treated as a motion to dismiss the operative complaint and, thus, need not be re-submitted in light of the filing of the CORRECTED First Amended Complaint;

WHEREAS, the Parties agree that, in the interest of efficiency, the Court should have a single hearing date for all motions to dismiss (including Defendants' currently pending motion and any motions to be filed by defendants Grounds, Adams, Bright, and Marshall) and briefing relating to these motions should be consolidated in accordance with the schedule below;

WHEREAS, pursuant to Fed. R. Civ. P. 12(a)(1), the deadline for defendants Grounds, Adams, and Bright to file a responsive pleading to the First Amended Complaint is currently July 23, 2014;

WHEREAS, the deadline for Plaintiff to respond to the pending motion to dismiss is currently July 25, 2014;

WHEREAS, in light of the agreements herein, the Parties agree that defendants Grounds, Adams, and Bright's deadline to file a responsive pleading to the First Amended Complaint shall be extended to August 1, 2014 and Plaintiff's deadline to file his opposition to the pending motion to dismiss and any other motions to dismiss shall be extended to August 15, 2014;

WHEREAS, this is the first request for any modification to the schedule with respect to the motion to dismiss, and the Parties do not anticipate that granting this stipulation will have any effect on any other deadline in this case;

THE PARTIES HEREBY STIPULATE and jointly request, subject to Court approval, as follows:

PURSUANT TO STIPULATION, IT IS SO ORDERED.