Beagle, et al. v. Schwarzenegger, et al.

Filing 31

STIPULATION and ORDER for extension of time to respond to 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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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FREDERICK BEAGLE;
12 DON BELARDES;
FLOYD BOYD;
13 RICHARD BURKE;
JOSEPH BUSTAMONTE;
14 CHARLES CARTER;
OTHA CLARK;
15 DONALD DIBBLE;
JEROME FELDER;
16 CANDELARIO GARZA;
JEREMY HOLLIS;
17 SCOTT IMUTA;
INFINITY;
18 GEORGE JOHNSON;
BRUCK KOKLICH;
19 GRADY MONTGOMERY;
PETER ROMERO;
20 JOSH THOMAS;
AARON TILLIS;
21 RENE VILLANUEVA;
BERTRUM WESTBROOK; and
22 WAYNE WOODS,
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Case No. 1:14-cv-00430-LJO-SAB
Related Cases: 1:13-cv-01055-LJO-SAB
1:14-cv-00060-LJO-SAB
STIPULATED APPLICATION AND
ORDER FOR EXTENSION OF TIME TO
RESPOND TO COMPLAINT
Complaint Filed: February 6, 2014

PLAINTIFFS,

24 v.
25 ARNOLD SCHWARZENEGGER,
FORMER GOVERNER OF THE STATE
26 OF CALIFORNIA;
27 EDMUND G. BROWN, GOVERNOR
OF THE STATE OF CALIFORNIA;
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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

STIPULATED APPLICATION & ORDER FOR EOT TO RESPOND TO COMPLAINT
CASE NO. 1:14-cv-00430-LJO-SAB

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JEFFREY A. BEARD, SECRETARY OF
THE CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION (CDCR);
PAUL D. BRAZELTON, FORMER
WARDEN, PLEASANT VALLEY
STATE PRISON;
MATTHEW CATE, FORMER
SECRETARY OF THE CALIFORNIA
DEPARTMENT OF CORRECTIONS
AND REHABILITATION;
JAMES D. HARTLEY, WARDEN
AVENAL STATE PRISON;
SUSAN L. HUBBARD, FORMER
DIRECTOR, DIVISION OF ADULT
OPERATIONS;

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DEBORAH HYSEN, CHIEF DEPUTY
SECRETARY, FACILITIES
PLANNING, CONSTRUCTION &
MANAGEMENT;
DR. FELIX IGBINOSA, MEDICAL
DIRECTOR, PLEASANT VALLEY
STATE PRISON;
CHRIS MEYER, SENIOR CHIEF,
FACILITIES PLANNING,
CONSTRUCTION & MANAGEMENT;
TANYA ROTHCHILD, FORMER
CHIEF OF THE CLASSIFICATION
SERVICES UNIT;
DWIGHT WINSLOW, M.D., FORMER
MEDICAL DIRECTOR, CDCR;
JAMES A. YATES, FORMER
WARDEN OF PLEASANT VALLEY
STATE PRISON; AND
UNKNOWN DEFENDANTS 1-100,
IN THEIR INDIVIDUAL CAPACITIES;
J. CLARK KELSO, RECEIVER,
CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES,

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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

STIPULATED APPLICATION & ORDER FOR EOT TO RESPOND TO COMPLAINT
CASE NO. 1:14-cv-00430-LJO-SAB

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IN HIS OFFICIAL AND INDIVIDUAL
CAPACITIES,

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DEFENDANTS.

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STIPULATED APPLICATION

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

6 counsel, hereby bring this stipulated application pursuant to Civ. L.R. 144(b) to grant Kelso a 287 day extension of time, through and including June 5, 2014, within which to respond to the
8 Complaint on file herein.
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The parties previously agreed to two 28-day extensions of time by stipulation making

10 Kelso’s response to the Complaint due on May 8, 2014.
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Good cause exists to grant this stipulated application because the parties are in

12 discussions concerning resolution of this matter between them. Although they have made
13 significant progress in discussing a resolution, they have not completed the writing
14 memorializing their settlement.
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Therefore, Plaintiffs and Kelso respectfully request that the Court grant a 28-day

16 extension of time for Kelso to respond to the Complaint to and including June 5, 2014.
17 Dated: May 5, 2014

FUTTERMAN DUPREE DODD
CROLEY MAIER LLP

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By: /s/ Martin H. Dodd
Martin H. Dodd
Attorneys for Defendant J. Clark Kelso

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21 Dated: May 5, 2014
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LAW OFFICES OF
BENJAMIN PAVONE, PC
By: /s/ Benjamin Pavone
(as authorized on 5/5/2014)
Benjamin Pavone, Esq.
Attorneys for Plaintiffs Frederick Beagle et al.

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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

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STIPULATED APPLICATION & PROPOSED ORDER FOR EOT TO RESPOND TO COMPLAINT
CASE NO. 1:14-cv-00430-LJO-SAB

ORDER

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For good cause shown, the Stipulated Application of Plaintiffs and Kelso to grant Kelso a

3 28-day extension of time to respond to the Complaint IS HEREBY GRANTED. Kelso shall have
4 through and including June 5, 2014 to file his response to the Complaint.
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IT IS SO ORDERED.
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Dated:

May 6, 2014
UNITED STATES MAGISTRATE JUDGE

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FUTTERMAN DUPREE
DODD CROLEY
MAIER LLP

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STIPULATED APPLICATION & PROPOSED ORDER FOR EOT TO RESPOND TO COMPLAINT
CASE NO. 1:14-cv-00430-LJO-SAB