Greene v. Jones, et al

Filing 94

STIPULATION And ORDER Extending Deadline For Defendant's Reply And Continuing Hearing Date, signed by District Judge Charles R. Breyer on 3/25/2015.( Replies due by 4/3/2015, Motion Hearing set for 4/17/2015 at 10:00 AM in Visiting Judge (TBD) before District Judge Charles R. Breyer.) (Fahrney, E)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MISHA D. IGRA, State Bar No. 208711
Supervising Deputy Attorney General
MICHELLE M. MAYER, State Bar No. 233830
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Gonzalez

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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MARVELLOUS ASHA XYAH GREEN
also known as
MARVELLOUS ASHA XYAH
also known as
MARCELLUS ALEXANDER GREENE
also known as
MARVELLOUS AMIR WARRIOR,

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1:08-cv-00677 CRB (PC)
STIPULATION AND ORDER
EXTENDING DEADLINE FOR
DEFENDANT’S REPLY AND
CONTINUING HEARING DATE
Judge:
Honorable Charles R. Breyer
Action Filed: May 5, 2008

Plaintiff,
v.

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J. JONES, et al.,
Defendants.

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Under Federal Rules of Civil Procedure 6(b)(1)(A) and Local Rules 143 and 144, the

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parties, through their counsel of record, stipulate to a seven-day extension, up to and including

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April 3, 2015, for Defendant to file his reply to Plaintiff’s opposition (ECF No. 92) to the motion

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for summary judgment. (ECF No. 91.) The current reply deadline is March 27, 2015. The

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parties further stipulate to continue the hearing on Defendant’s motion to April 17, 2015.
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Stipulation and Order Extending Deadline for Def.’s Reply and Continuing Hearing Date
(1:08-cv-00677 CRB (PC))

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When an act must be done within a specified time, the court may, for good cause, extend

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the time with or without motion or notice if the court acts, or if a request is made, before the

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original time expires. Fed. R. Civ. P. 6(b)(1)(A). Good cause exists to grant this extension

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because, despite defense counsel’s diligence, she will not be able to prepare the reply brief by the

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current due date. Defense counsel has three other filing deadlines on March 27, 2015, and

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Plaintiff’s opposition to Defendant’s summary-judgment motion is extensive (see ECF Nos. 92 –

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92-12), therefore, defense counsel requires additional time to prepare the reply. This short

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extension will not affect the scheduling deadlines in this case since the only remaining deadlines

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are the ones for the reply brief and the hearing on this motion.

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Under Local Rules 143 and 230(f), the parties stipulate to continue the hearing on

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Defendant’s motion for summary judgment to April 17, 2015, at 10:00 a.m. in Courtroom 6,

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before the Honorable Charles R. Breyer.

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Accordingly, the parties stipulate that Defendant’s deadline for filing a reply to Plaintiff’s

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opposition to Defendant’s motion for summary judgment shall be extended to April 3, 2015, and

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the hearing on the motion shall be continued until April 17, 2015.

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IT IS SO STIPULATED:
Dated: March 24, 2015

/s/ Daniel L. Corbett
Daniel L. Corbett
JONES DAY
Attorneys for Plaintiff Marvellous Greene

Dated: March 24, 2015

/s/ Michelle M. Mayer
Michelle M. Mayer
Deputy Attorney General
Attorney for Defendant Gonzalez

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IT IS SO ORDERED.
DATED: March 25, 2015

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____________________________________
Charles R. Breyer
United States District Judge

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SA2012307758
11809117.doc

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Stipulation and Order Extending Deadline for Def.’s Reply and Continuing Hearing Date
(1:08-cv-00677 CRB (PC))