Becker v. Sherman, et al.

Filing 105

ORDER on Joint Stipulation for Extension of Time for Defendants to File Responses to Plaintiff's Discovery, signed by Magistrate Judge Jeremy D. Peterson on 10/4/2018: Deadline EXTENDED to 10/29/2018. (Hellings, J)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
MICHELLE L. ANGUS, State Bar No. 210031
Supervising Deputy Attorney General
ROBERT M. PERKINS, III, State Bar No. 309192
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Martinez, Wetenkamp,
California Department of Corrections and
Rehabilitation - General, Charkow-Ross, Peterson,
Cartagena and Loyd

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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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JOSEPH BECKER,

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v.

1:16-cv-0828-AWI-JDP (PC)
Plaintiff, JOINT STIPULATION FOR
EXTENSION OF TIME FOR
DEFENDANTS TO FILE RESPONSES
TO PLAINTIFF’S DISCOVERY

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WARDEN SHERMAN, et al.,
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Judge:
The Hon. Jeremy D. Peterson
Defendants. Action Filed: June 15, 2016

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On September 4, 2018, Plaintiff Joseph Becker served Defendants with Plaintiff’s second

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set of production of documents. Subsequently, on or about September 21, 2018, Plaintiff served

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the California Department of Corrections and Rehabilitation (CDCR) with a third-party subpoena

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duces tecum. Defense counsel has agreed to represent CDCR for the limited purposes of

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responding to Plaintiff’s third-party subpoena. On September 28, 2018, the parties met and

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conferred about responses to the second set of requests for production of documents and the third-

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party subpoena. As a result of the meet-and-confer, the parties have agreed to extend the time for

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Joint Stipulation for Extension of Time (1:16-cv-0828-AWI-JDP (PC))

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serving responses and objections to the request for production of documents, and any motion to

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quash the third-party subpoena to October 29, 2018.

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The parties have agreed to this stipulation in order to allow Defense Counsel to file

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coordinated responses and objections to both the second set of requests for production of

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documents and the third-party subpoena duces tecum. Without this extension, CDCR would have

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until October 5, 2018, to object to the subpoena duces tecum. See Fed. R. Civ. P. 45(d)(2)(B)

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(requiring objections to subpoenas to be served within fourteen days of service). Under the

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proposed extension, both CDCR and Defendants would have until October 29, 2018, to serve

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responses and objections on Plaintiff, and to file a motion to quash the third-party subpoena.

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Joint Stipulation for Extension of Time (1:16-cv-0828-AWI-JDP (PC))

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Dated: October 1, 2018

LATHAM & WATKINS, LLP
Elizabeth L. Deeley
Katherine M. Larkin-Wong
Christopher J. Bower
Cameron J. Clark
David R. Derrick

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By:

/s/ Katherine M. Larkin-Wong
Katherine M. Larkin-Wong
Pro Bono Attorneys for Plaintiff Joseph
Becker

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Dated: October 1, 2018

XAVIER BECERRA
Attorney General of California
MICHELLE L. ANGUS
Supervising Deputy Attorney General

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By: /s/ Robert M. Perkins, III
ROBERT M. PERKINS, III
Deputy Attorney General
Attorneys for Defendants Martinez,
Wetenkamp, California Department of
Corrections and Rehabilitation - General,
Charkow-Ross, Peterson, Cartagena, and
Loyd

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IT IS SO ORDERED.

Dated:

October 4, 2018

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UNITED STATES MAGISTRATE JUDGE
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SA2017304651
33586508.docx

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Joint Stipulation for Extension of Time (1:16-cv-0828-AWI-JDP (PC))