Arcure, et al. v. Meeker, et al.

Filing 26

STIPULATION and ORDER to Continue Mandatory Scheduling Conference, signed by Magistrate Judge Stanley A Boone on 7/3/2013. (Initial Scheduling Conference previously set for 8/1/20/13, is CONTINUED to 10/2/2013, at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.) (Gaumnitz, R)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
JUDITH A. RECCHIO, State Bar No. 163060
Supervising Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
2550 Mariposa Mall, Room 5090
Fresno, CA 93721
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Department of
Developmental Services

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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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YVONNE ARCURE, KEVIN COOK,
JOSEPH FESSENDEN, LISA HUFF &
KATHREN WOODSIDE,

1:13-cv-00541-LJO-BAM

STIPULATION AND ORDER TO
CONTINUE MANDATORY
Plaintiffs, SCHEDULING CONFERENCE

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v.
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CALIFORNIA DEPARTMENT OF
DEVELOPMENTAL SERVICES,
DEBORAH MEEKER, JEFFREY
BRADLEY, DOUGLAS LOEHNER,
DAVID CORRAL, MICHAEL FLORES,
and MARK RODRIGUEZ,

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Defendants.
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WHEREAS, Plaintiffs filed their complaint on April 16, 2013;

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WHEREAS, Defendant Department of Developmental Services (“DDS”) filed motions to

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dismiss, strike, and for a more definite statement on June 6, 2013, to be heard on July 9, 2013;
WHEREAS, the Court issued an order on June 7, 2013, vacating the July 9, 2013, hearing
date and set a briefing schedule on the motions;
WHEREAS, Plaintiffs filed their first amended complaint on June 24, 2013, in accordance
with the Court’s briefing schedule;
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Stipulation and Order to Continue Mandatory Scheduling Conference
(1:13-cv-00541-LJO-BAM)

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WHEREAS, in response to Plaintiffs’ first amended complaint, the Court issued an Order

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to Term Motions on June 25, 2013, directing DDS to file its responsive pleading on or before July

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18, 2013;

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WHEREAS, pursuant to the Court’s Order Setting Mandatory Scheduling Conference, the
joint scheduling conference is currently set for August 1, 2013, at 9:00 a.m. in Courtroom 8;
WHEREAS, the parties believe that additional time is needed to address the matters set

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forth in the Court’s Order Setting Mandatory Scheduling Conference in light of (a) Plaintiffs’

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recently filed first amended complaint that asserts twenty-seven causes of action compared to the

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original complaint that asserted five causes of action, (b) DDS’s response to the first amended

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complaint being due less than two weeks before the scheduling conference currently set for

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August 1, 2013, and (c) to allow time to attempt to negotiate a potential settlement with two of

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the plaintiffs.

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IT IS HEREBY STIPULATED by and between their respective counsel, that:

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The Mandatory Scheduling Conference previously scheduled for August 1, 2013,

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should be continued to October 1, 2013, at 9:00 a.m. in Courtroom 8, or at such time thereafter as

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may be set by the Court.

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Dated: June 28, 2013

OFFICE OF THE ATTORNEY GENERAL

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By: /s/ Matthew T. Besmer
MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendant Department of
Developmental Services

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Dated: June 28, 2013

LAW OFFICES OF LAWRENCE J. KING
By: /s/ Lawrence J. King
LAWRENCE J. KING
Attorney for Plaintiffs Yvonne Arcure,
Kevin Cook, Joseph Fennesden, Lisa
Huff & Kathren Woodside

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Stipulation and Order to Continue Mandatory Scheduling Conference
(1:13-cv-00541-LJO-BAM)

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ORDER

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The Court having reviewed the foregoing Stipulation, and good cause appearing therefor:

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IT IS HEREBY ORDERED that the Mandatory Scheduling Conference in this action,

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previously scheduled for August 1, 2013, shall be continued to October 2, 2013, at 9:00 a.m. in

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Courtroom 8, before Magistrate Judge Barbara A. McAuliffe.

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IT IS SO ORDERED.

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Dated:
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July 3, 2013

_

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UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Continue Mandatory Scheduling Conference
(1:13-cv-00541-LJO-BAM)