Wade v. Fresno Police Department et al

Filing 73

ORDER granting application for extension of time to file motion for summary judgment. (Nazaroff, H)

1
2
3
4

JAMES C. SANCHEZ, City Attorney
CITY OF FRESNO
By: Erica M. Camarena, Deputy City Attorney (#227981)
2600 Fresno Street
Fresno, California 93721-3602
Telephone: [phone]
Facsimile: [phone]

5
6

Attorneys for Defendants FREDERICK WILLIAMS, HAYWOOD IRVING, DAVID WILKIN,
and BERNARD FINLEY

7
8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19
20
21
22
23
24

)
)
)
Plaintiff,
)
)
)
v.
)
FRESNO POLICE DEPARTMENT; OFFICER )
)
FREDRICK WILLIAMS; OFFICER
)
HAYWOOD IRVING; OFFICER DAVID
)
)
WILKIN AND OFFICER BERNARD
)
FINLEY,
)
)
Defendants.
)
)
)
)
)
)
)
DEON WADE,

Case No.: 1:09-CV-00599 AWI-DLB
EX PARTE APPLICATION
REQUESTING EXTENSION OF 5 DAYS
TO FILE DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT;
and DECLARATION OF
ERICA M. CAMARENA IN SUPPORT
OF SAME; and PROPOSED ORDER
Local Rule 144(c) (Fed. R. Civ. P. 6)
Date: No Hearing Date OR Notice Required
Pursuant to Eastern District Local Rule
230(l) (Fed. R. Civ. P 78)
Honorable District Court Judge
Anthony W. Ishii
Action Filed: 04/03/09

Defendants hereby request, ex parte, an initial extension of time to file their dispositive
motion, currently due on May 27, 2011.

25

The Court may, in its discretion, grant an initial extension ex parte upon the affidavit of

26

counsel that a stipulation extending time cannot reasonably be obtained, explaining the reason why

27

such stipulation cannot be obtained and the reasons why the extension is necessary. Except for one

28

CITY ATTORNEY
CITY HALL
FRESNO, CA 93721

Wade v. City of Fresno et al.
Case No.: 1:09-CV-00599 AWI-DLB
Ex Parte Request For Extension; Declaration of E. Camarena & Proposed Order

1

1

such initial extension, ex parte applications for extensions of time are not ordinarily granted. United

2

States District Court for the Eastern District of California, Local Rule 144(c).

3

Defendants assert that a stipulation cannot reasonably be obtained before the expiration of

4

the deadline date as Plaintiff is currently incarcerated at the Susanville High Desert State Prison; and

5

not readily accessible to communicate with regarding this matter.

6

There is no prejudice to Plaintiff since there is no trial date or motion hearing date currently

7

scheduled.

Defendants are only requesting a five-day extension as the majority of their

8

memorandum of points and authorities is already completed and all declarations have been signed.

9

However, due to the extreme budget cuts and layoffs the City of Fresno has been experiencing,

10

weighed with the overwhelming amount of new cases filed, staffing issues have contributed to the

11

delay in finalizing the motion.

12

DECLARATION OF ERICA M. CAMARENA

13
14

I, Erica M. Camarena, hereby submit the following declaration in support of Defendants’
ex parte request for extension of time to file dispositive motion:

15

1.

I am a Deputy City Attorney for the City of Fresno, duly licensed to practice law

16

in the State of California and attorney for defendants, Fresno Police Officers FREDERICK

17

WILLIAMS, HAYWOOD IRVING, DAVID WILKIN and BERNARD FINLEY, (hereinafter

18

“Defendants”) in the above-entitled action. I have personal knowledge of the following and if

19

called as a witness could competently testify thereto, except as to those matters stated on

20

information and belief:

21

2.

Due to the extreme budget cuts and layoffs the City of Fresno has been

22

experiencing, weighed with the overwhelming amount of new cases filed, staffing issues have

23

contributed to the delay in finalizing the motion.

24

3. This is Defendants’ first request for an extension of time.

25

4. Plaintiff has previously requested and received extensions of time. (Doc. No. 37 and

26

56). Local Rule, 144(b).

27

///

28

CITY ATTORNEY
CITY HALL
FRESNO, CA 93721

Wade v. City of Fresno et al.
Case No.: 1:09-CV-00599 AWI-DLB
Ex Parte Request For Extension; Declaration of E. Camarena & Proposed Order

2

1

I declare under penalty of perjury under the laws of the Unites States of America, that the

2

foregoing is true and correct, and that this declaration was executed on May 26, 2011 at Fresno,

3

California.

4
By: /S/ Erica M. Camarena
ERICA M. CAMARENA
Deputy City Attorney

5
6
7

Attorney for Defendants
8
9

PROPOSED ORDER

10
11

Good cause having been shown, the Court hereby GRANTS Defendants’ first ex parte

12

application requesting an extension of five days to file a dispositive motion. Defendants shall

13

file their motion on or by June 1, 2011.

14
15

IT IS SO ORDERED.

16
17

Dated:

May 26, 2011
CHIEF UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

18
0m8i788
19
20
21
22
23
24
25
26
27
28

CITY ATTORNEY
CITY HALL
FRESNO, CA 93721

Wade v. City of Fresno et al.
Case No.: 1:09-CV-00599 AWI-DLB
Ex Parte Request For Extension; Declaration of E. Camarena & Proposed Order

3