Vivanco v. California Department of Corrections & Rehabilitation, et al.

Filing 42

STIPULATION and ORDER to (1) Extend Time for Defendants to File a Reply in Support of their Motion for Summary Judgment and (2) Reschedule the Hearing on the Motion, signed by Magistrate Judge Barbara A. McAuliffe on 4/17/2019. Pursuant to the partie s' stipulation, and good cause appearing, IT IS HEREBY ORDERED that Defendants shall file their reply in support of their motion for summary judgment by April 26, 2019. The hearing on Defendants' motion for summary judgment currently set for April 26, 2019, is HEREBY CONTINUED to June 7, 2019, at 9:30 a.m. in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Valdez, E)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
NEAH HUYNH, State Bar No. 235377
Supervising Deputy Attorney General
PREETI K. BAJWA, State Bar No. 232484
Deputy Attorney General
JENYA M. PARKMAN, State Bar No. 310302
Deputy Attorney General
1515 Clay St. 20th Floor
Oakland, CA 94102
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
California Department of Corrections and
Rehabilitation and S. Frauenheim

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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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MARISOL VIVANCO, individually and as
Successor in Interest of SOLTON
VIVANCO GONZALEZ (deceased),

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v.

1:17-cv-00434 LJO BAM

STIPULATION AND ORDER TO (1)
EXTEND TIME FOR DEFENDANTS TO
Plaintiff, FILE A REPLY IN SUPPORT OF THEIR
MOTION FOR SUMMARY JUDGMENT
AND (2) RESCHEDULE THE HEARING
ON THE MOTION

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CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
al.,

Judge:

The Honorable Barbara A.
McAuliffe
Action Filed: December 20, 2016

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Defendants.
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Defendants California Department of Corrections and Rehabilitation and Warden S.

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Frauenheim, and Plaintiff Marisol Vivanco, stipulate that the Court extend the time for

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Defendants to file a reply in support of their summary judgment motion by April 26, 2019, and

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reschedule the hearing date on the motion from April 26, 2019 at 9 a.m. to June 7, 2019 at 9 a.m.

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As explained in the accompanying declaration and required by Civil Local Rule 144, there

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is good cause for granting an extension because Defendants require additional time to address

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Stipulation and Order to Extend Dispositive Motion Deadline (1:17-cv-00434 LJO BAM)

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Plaintiff’s opposition to facts which the parties had previously stipulated. (Decl. of Preeti K.

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Bajwa ¶ 4.)

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This is the parties’ first request for an extension of time to file a reply in support of their

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motion for summary judgment.

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Dated: April 16, 2019

XAVIER BECERRA
Attorney General of California
NEAH HUYNH
Supervising Deputy Attorney General

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/s/ Preeti K. Bajwa
PREETI K. BAJWA
JENYA M. PARKMAN
Deputy Attorneys General
Attorneys for Defendants
California Department of Corrections and
Rehabilitation and S. Frauenheim

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Dated: April 16, 2019

_/s/ Jesse Ortiz_______________________
JESSE ORTIZ
NOLAN BERGGREN
Attorneys for Plaintiff
Marisol Vivanco

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SA2017303802
42106766.docx

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Stipulation and Order to Extend Dispositive Motion Deadline (1:17-cv-00434 LJO BAM)

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ORDER

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Pursuant to the parties’ stipulation, and good cause appearing, IT IS HEREBY ORDERED

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that Defendants shall file their reply in support of their motion for summary judgment by April 26,

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2019. The hearing on Defendants’ motion for summary judgment currently set for April 26, 2019,

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is HEREBY CONTINUED to June 7, 2019, at 9:30 a.m. in Courtroom 8 (BAM) before

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Magistrate Judge Barbara A. McAuliffe.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

April 17, 2019

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order to Extend Dispositive Motion Deadline (1:17-cv-00434 LJO BAM)