Rocha v. State of California Department of Corrections and Rehabilitation et al

Filing 18

STIPULATION and ORDER re: Filing Date for Defendant's Responsive Pleading: (1) CDCR shall file their answer no later than 20 days after Plaintiff files an Amended Complaint. (2) Initial SCHEDULING CONFERENCE is continued from 8/22/2012 to September 20, 2012 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 7/24/2012. (Herman, H)

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KAMALA D. HARRIS
Attorney General of California
SCOTT H. WYCKOFF
Supervising Deputy Attorney General
MARY HORST
Deputy Attorney General
State Bar No. 163069
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant CDCR

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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EASTERN DISTRICT OF CALIFORNIA

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LINDA ROCHA,

Case No. 1:11-cv-01954-LJO-BAM

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Plaintiff, STIPULATION AND ORDER RE:
FILING DATE FOR DEFENDANT’S
RESPONSIVE PLEADING

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v.
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STATE OF CALIFORNIA DEPARTMENT
OF CORRECTIONS AND
REHABILITATION, J. CLARK KELSO,
RECEIVER, CALIFORNIA
CORRECTIONAL HEALTH CARE
SERVICES,

Judge: The Honorable Lawrence J.
Action Filed: November 18, 2011

O'Neill

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Defendants.
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THE PARTIES HERETO, BY AND THROUGH THEIR ATTORNEYS OF RECORD,
HEREBY STIPULATE AND AGREE AS FOLLOWS:
Plaintiff Linda Rocha (“Plaintiff”) and Defendant California Department of Corrections and

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Rehabilitation (“CDCR”), collectively referred to as “Parties” unless otherwise specifically

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referred to, hereby stipulate as follows:

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1.

On or about November 18, 2011, Plaintiff filed the instant action.

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2.

On or about May 3, 2012, Clark Kelso answered the Complaint.

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3.

On or about July 3, 2012, Plaintiff served CDCR. A responsive pleading is due

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from CDCR by July 24, 2012.
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Stip & Order re: Filing Date for CDCR’s Responsive Pleading (1:11-cv-01954-LJO-BAM)

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amended complaint with this court.

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5.

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The Parties therefore propose that any responsive pleading on behalf of CDCR

shall be filed no later than 20 days after Plaintiff files an Amended Complaint.

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To preserve party and judicial resources, the Parties desire that Plaintiff file an

amended complaint before the CDCR proceeds with the filing of a responsive pleading.

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In a letter dated July 18, 2012, Plaintiff represented she intends to file an

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The Parties respectfully request that the Court enter this stipulation as an order.

IT IS SO STIPULATED AND AGREED:

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Dated: July 23, 2012

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/s/ William A. Romaine__________________
WILLIAM A. ROMAINE
Attorney for Plaintiff LINDA ROCHA

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Dated: July 23, 2012

/s/ Mary Horst_________________________
MARY HORST
Attorney for Defendant CDCR

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Dated: July 23, 2012

/s/ Jaime G. Touchstone___________________
JAIME G. TOUCHSTONE
Attorney for Defendant Clark Kelso

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ORDER

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Based on the Stipulation of the parties (Doc. 17), and for good cause shown, the Court
GRANTS the parties’ request to continue CDCR’s deadline to file an Answer to Plaintiff’s

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Complaint. CDCR shall file their Answer no later than 20 days after Plaintiff files an Amended
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Complaint.

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/././
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Stip & Order re: Filing Date for CDCR’s Responsive Pleading (1:11-cv-01954-LJO-BAM)

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Additionally, the Court CONTINUES the Initial Scheduling Conference currently set for
August 22, 2012 (Doc. 15) to September 20, 2012, at 8:30 AM, in Courtroom 8, before the
Honorable Barbara A. McAuliffe.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 24, 2012

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A. McAuliffe

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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10c20kb8554

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Stip & Order re: Filing Date for CDCR’s Responsive Pleading (1:11-cv-01954-LJO-BAM)