Guthrey v. California Department of Corrections and Rehabilitation et al

Filing 12

STIPULATION and ORDER continue 8 MOTION to DISMISS Hearing currently set for 3/7/2010 to 3/21/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger, signed by Judge Oliver W. Wanger on 2/28/2011. (Kusamura, W)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SEIBERT & BAUTISTA SHANNON SEIBERT (State Bar No. 240317) JOE BAUTISTA (State Bar No. 255708) NINA MONTOYA (State Bar No. 237419) 18711 Tiffeni Drive #17-129 Twain Harte, California 95383 Telephone: 209.586.2890 Facsimile: 888.874.8107 Attorneys for Plaintiff RAYMOND GUTHREY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) Plaintiff, ) vs. ) ) ) CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ) ) MICHAEL PATE, JR., and DOES 1 ) THROUGH 25, Inclusive, ) ) ) Defendants. ) ) ) ) ) ) ) RAYMOND GUTHREY, 1:10-cv-02177-OWW-GSA STIPULATION AND ORDER TO CONTINUE HEARING RE MOTION TO DISMISS Date: Time: Courtroom: Judge: March 21, 2011 10:00 a.m. 3 Hon. Oliver J. Wanger Action Filed: November 19, 2010 Trial Date: None IT IS HEREBY AGREED AND STIPULATED between Raymond Guthrey, by and through his attorney Shannon M. Seibert of SEIBERT & BAUTISTA, and California Department of Corrections and Rehabilitation and Michael Pate, Jr., by and through their attorney, ATTORNEY GENERAL OF CALIFORNIA as follows: 1. The hearing on Defendants' Motion to Dismiss Plaintiff's Complaint is currently set for March 7, 2011 at 10:00 a.m. before the Honorable Oliver J. Wanger. 2. It is hereby stipulated between these parties that the hearing shall be continued to March 21, 2011 or as soon thereafter as the Court's calendar allows. 1 _________________________________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE HEARING RE MOTION TO DISMISS 1 2 3 4 5 6 7 3. The parties request that the Court enter an order approving this Stipulation. DATED: February 28, 2011 SEIBERT & BAUTISTA BY: /s/ Shannon Seibert Shannon Seibert Attorneys for Plaintiff KAMALA HARRIS Attorney General of California BARBARA J. SEIDMAN Supervising Deputy Attorney General DATED: February 28, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BY: /s/ Jeffrey I. Schwarzschild JEFFREY I. SCHWARZSCHILD Deputy Attorney General Attorneys for Defendants ORDER The Court having considered the parties' Stipulation to Continue Hearing re Motion to Dismiss Plaintiff's Complaint agrees to continue the hearing date to March 21, 2011. 2 _________________________________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE HEARING RE MOTION TO DISMISS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 _________________________________________________________________________________________________ STIPULATION AND ORDER TO CONTINUE HEARING RE MOTION TO DISMISS DEAC_Signature-END: IT IS SO ORDERED. Dated: February 28, 2011 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE emm0d64h

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