Cooper v. Cate et al

Filing 10

STIPULATION and ORDER to continue the Scheduling Conference from 9/21/2010 to 12/1/2010 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 9/20/2010. (Hernandez, M)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California DAVID J. NEILL, State Bar No. 186997 Supervising 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 Defendants HOWARD MOORE, JR., State Bar No. 55228 Moore & Moore 1563 Solano Avenue, # 204 Berkeley, CA 94707-2116 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ZEARLEAN COOPER,

1:10-CV-00899-AWI-DLB Plaintiff, JOINT REQUEST TO CONTINUE SCHEDULING CONFERENCE; ORDER The Honorable Dennis L. Beck Action Filed: May 19, 2010

v.

MATTHEW CATE, Secretary of the California Department of Corrections & Rehabilitation; THE CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION; MARY LATTIMORE, Warden, Central California Women's Facility; JAVIER CAVAZOS, Chief Deputy Warden, Central California Women's facility; MICHAEL TANN, Associate Warden Central California Women's Facility; and CAPTAIN FRANK SANDERS, JR, Custody Captain Central California Women's Facility, Defendants. 1

JOINT REQUEST TO CONTINUE SCHEDULING CONFERENCE; [PROPOSED] ORDER (1:10-CV-00899-AWI-DLB)

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On September 13, 2010, counsel for defendants filed a Stipulation re Waiver of Service and Filing of Responsive Pleadings. Pursuant to the agreement of counsel, defendants California Department of Corrections and Rehabilitation, Matthew Cate, Javier Cavazos, Frank Sanders, Jr., Mary Lattimore and Michael Tann will file and serve their responsive pleading in this matter on September 24, 2010. Defendants intend to notice their Federal Rule of Civil Procedure 12(b) motion ("12(b) motion") for hearing on Friday, November 5, 2010. A scheduling conference is currently on calendar in this matter for Tuesday, September 21, 2010 at 9:30 a.m. before Judge Beck. As the defendants will be filing their 12(b) motion on Friday, September 24 to be heard on Friday, November 5, 2010, the parties respectfully request that the scheduling conference be continued to Wednesday, December 1, 2010 so that the court may consider defendants' 12(b) motion, the parties will have time to prepare and file their joint scheduling conference reports one week in advance of the scheduling conference and after the hearing on defendants' 12(b) motion. /// /// /// /// /// /// /// /// /// /// /// /// /// /// 2
JOINT REQUEST TO CONTINUE SCHEDULING CONFERENCE; [PROPOSED] ORDER (1:10-CV-00899-AWI-DLB)

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/// Thus, based on the foregoing, the parties respectfully request that the scheduling conference be continued from September 21, 2010 at 9:30 a.m. to December 1, 2010 at 9:30 a.m., or the next available date on the Court's calendar after December 1, 2010 Dated: September 20, 2010 EDMUND G. BROWN JR. Attorney General of California DAVID J. NEILL Supervising Deputy Attorney General

_____/s/ David J. Neill__________ DAVID J. NEILL Supervising Deputy Attorney General Attorneys for Defendants

Dated: September 20, 2010

MOORE & MOORE

_____/s/ Howard Moore, Jr.______ HOWARD MOORE, JR. Attorneys for Plaintiff Zearlean Cooper

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

September 20, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE
3b142a

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JOINT REQUEST TO CONTINUE SCHEDULING CONFERENCE; [PROPOSED] ORDER (1:10-CV-00899-AWI-DLB)