Smith et al v. Schwarzenegger et al

Filing 41

STIPULATION and ORDER for extension of time to respond to first amended complaint. Signed by Magistrate Judge Stanley A. Boone on 5/6/2014. (Hernandez, M)

1 FUTTERMAN DUPREE DODD CROLEY MAIER LLP
MARTIN H. DODD (104363)
2 JAMIE L. DUPREE (158105)
JAIME G. TOUCHSTONE (233187)
3 180 Sansome Street, 17th Floor
San Francisco, California 94104
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
[e-mail]
6 [e-mail]
7 Attorneys for Defendant
J. Clark Kelso
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

FRESNO DIVISION

11 DION BARNETT;
DANNY DALLAS;
12 CHRISTOPHER GARNER;
RODNEY RAY ROBERTS;
13 JEREMY ROMO;
COREY LAMAR SMITH,
14
PLAINTIFFS,
15
v.
16
ARNOLD SCHWARZENEGGER,
17 FORMER GOVERNER OF THE STATE
OF CALIFORNIA;
18
JEFFREY A. BEARD, PH.D.,
19 SECRETARY OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS
20 AND REHABILITATION (CDCR);

Case No. 1:14-cv-00060-LJO-SAB
Related Cases: 1:13-cv-01055-LJO-SAB
1:14-cv-00430-LJO-SAB
STIPULATED APPLICATION AND
ORDER FOR EXTENSION OF TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT
First Amended Complaint Filed: January 28,
2014

21 PAUL D. BRAZELTON, CURRENT
WARDEN, PLEASANT VALLEY
22 STATE PRISON;
23 EDMUND G. BROWN, GOVERNOR
OF THE STATE OF CALIFORNIA;
24
MATTHEW CATE, FORMER
25 SECRETARY OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS
26 AND REHABILITATION;
27 JAMES D. HARTLEY, WARDEN
AVENAL STATE PRISON;
28
FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

STIPULATED APPLICATION & ORDER FOR EOT TO RESPOND TO FIRST AMENDED CMPLNT
CASE NO. 1:14-cv-00060 –LJO-SAB

1 SUSAN L. HUBBARD, FORMER
DIRECTOR, DIVISION OF ADULT
2 OPERATIONS;
3 DEBORAH HYSEN, CHIEF DEPUTY
SECRETARY, FACILITIES
4 PLANNING, CONSTRUCTION &
MANAGEMENT;
5
DR. FELIX IGBINOSA, MEDICAL
6 DIRECTOR, PLEASANT VALLEY
STATE PRISON;
7
J. CLARK KELSO, THE HEAD OF THE
8 CALIFORNIA CORRECTIONS HEALTH
CARE SERVICES;
9
CHRIS MEYER, SENIOR CHIEF,
10 FACILITIES PLANNING,
CONSTRUCTION & MANAGEMENT
11
TANYA ROTHCHILD, FORMER
12 CHIEF OF THE CLASSIFICATION
SERVICES UNIT;
13
DWIGHT WINSLOW, M.D., FORMER
14 MEDICAL DIRECTOR, CDCR;
15 JAMES A. YATES, FORMER
WARDEN OF PLEASANT VALLEY
16 STATE PRISON; AND
17 UNKNOWN DEFENDANTS 1-100,
18

DEFENDANTS,

19 SUED IN THEIR
INDIVIDUAL CAPACITIES.
20
21

STIPULATED APPLICATION

22

Plaintiffs and Defendant J. Clark Kelso (“Kelso”), by and through their respective

23 counsel, hereby bring this stipulated application pursuant to Civ. L.R. 144(b) to grant Kelso a 2824 day extension of time, through and including June 5, 2014, within which to respond to the First
25 Amended Complaint on file herein.
26

The parties previously agreed to two 28-day extensions of time by stipulation making

27 Kelso’s response to the First Amended Complaint due on May 8, 2014.
28 / / /
FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

1
STIPULATED APPLICATION & ORDER FOR EOT TO RESPOND TO FIRST AMENDED CMPLNT
CASE NO. 1:14-cv-00060 –LJO-SAB

1

Good cause exists to grant this stipulated application because the parties are in

2 discussions concerning resolution of this matter between them. Although they have made
3 significant progress in discussing a resolution, they have not completed the writing
4 memorializing their settlement.
5

Therefore, Plaintiffs and Kelso respectfully request that the Court grant a 28-day

6 extension of time for Kelso to respond to the First Amended Complaint to and including June 5,
7 2014.
Dated: May 5, 2014
8
9

FUTTERMAN DUPREE DODD
CROLEY MAIER LLP
By: /s/ Martin H. Dodd
Martin H. Dodd
Attorneys for Defendant J. Clark Kelso

10
11 Dated: May 5, 2014
12

LAW OFFICES OF
BENJAMIN PAVONE, PC
By: /s/ Benjamin Pavone
(as authorized on 5/5/2014)
Benjamin Pavone, Esq.
Attorneys for Plaintiffs Dion Barnett et al.

13
14
15

ORDER
16
For good cause shown, the Stipulated Application of Plaintiffs and Kelso to grant Kelso a
17
28-day extension of time to respond to the First Amended Complaint IS HEREBY GRANTED.
18
Kelso shall have through and including June 5, 2014 to file his response to the First Amended
19
Complaint.
20
21 IT IS SO ORDERED.
22
23

Dated:

May 6, 2014
UNITED STATES MAGISTRATE JUDGE

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25
26
27
28
FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

2
STIPULATED APPLICATION & ORDER FOR EOT TO RESPOND TO FIRST AMENDED CMPLNT
CASE NO. 1:14-cv-00060 –LJO-SAB