United States District Court, E.D. California
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
Everett Jewett is a former Shasta County Jail
inmate proceeding through counsel and in forma
pauperis with an action filed pursuant to 42 U.S.C. §
April 2, 2014, plaintiff filed a fourth amended complaint in
pro se, naming the Shasta County Sheriff’s Department,
California Forensic Medical Group, Dr. Jeremy Austin, Mary
Barns, and James Roemech as defendants. ECF No. 17. On
September 24, 2014, the court found that the fourth amended
complaint stated cognizable claims for relief against
defendants for violations of Title II of the Americans with
Disabilities Act (ADA), 42 U.S.C. § 1201, et seq. based
on defendants’ alleged failure to accommodate
plaintiff’s physical disabilities and plaintiff’s
alleged exclusion from programs and services at the Shasta
County Jail because of plaintiff’s disabilities. ECF
November 17, 2014, defendants Austin, Barns, Roemech, and
California Forensic Medical Group answered the complaint. ECF
No. 27. On November 21, 2014, the court issued a discovery
scheduling order setting forth the deadlines for discovery
and the filing of pretrial motions. ECF No. 30. Defendant
Shasta County Sheriff’s Department answered the
complaint on December 17, 2014. ECF No. 31.
parties proceeded to conduct discovery. On March 2, 2015,
defendant Shasta County Sheriff’s Department filed a
motion to extend the cut-off dates for discovery and the
filing of pre-trial motions by 180 days, ECF No. 40, which
the court granted, ECF No. 42.
14, 2015, counsel for plaintiff filed a notice of appearance.
ECF No. 45.
August 25, 2015, the parties filed a stipulation and joint
request to extend the discovery deadline to March 15, 2016
and the pretrial motion deadline to June 15, 2016. ECF No.
49. The court granted the parties’ request and amended
the discovery and pretrial motion deadlines in accordance
with the stipulation. ECF No. 50. On January 4, 2016, the
parties filed a stipulation and petition to enter into a
protective order regarding confidential discovery material.
ECF No. 52. The court approved the stipulated protective
order on January 11, 2016. ECF No. 53.
March 14, 2016, the parties filed a stipulation and joint
request to vacate the discovery and motion deadlines, citing
the need for additional time to conduct discovery and
plaintiff’s intention to file an amended complaint
prepared by counsel. ECF No. 55. The court granted the
parties’ request, and plaintiff was granted sixty days
to file an amended complaint. ECF No. 56. On May 16, 2016,
the parties filed a stipulation and joint request to extend
the deadline for the filing of plaintiff’s amended
complaint. ECF No. 60. The district judge granted the
parties’ request on May 17, 2016. ECF No. 61.
25, 2016, the parties filed a joint stipulation and proposed
order granting plaintiff leave to file a fifth amended
complaint. ECF No. 62. On June 2, 2016, the district judge
granted plaintiff leave to file a fifth amended complaint.
ECF No. 63. Plaintiff’s fifth amended complaint was
filed on June 2, 2016. ECF No. 65.
fifth amended complaint differs from the fourth amended
complaint in the following respects:
â¢ Dr. Jeremy Austin, Mary Barns, and James
Roemech have been removed as defendants;
â¢ Shasta County; Shasta County Sheriff Tom
Bosenko, named solely in his official capacity in the
injunctive relief claims only; and Does 1 through 25 have