Dotson v. Adams et al

Filing 24

ORDER re Stipulation for Extension of Time to Respond to First Amended Complaint and ORDER Directing Clerk of Court to Update Docket to Reflect Voluntary Dismissal of Certain Defendants signed by Magistrate Judge Barbara A. McAuliffe on 11/14/2018. Response to First Amended Complaint due by 1/7/2019. (Jessen, A)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
KELLY A. SAMSON, State Bar No. 266927
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
Myers, Neumann, Kanan, Cornish, Adams,
California Correctional Health Care Services,
Singh, California Department of Corrections and
Rehabilitation, Kernan, Diaz, Mitchell, Fontanilla,
Carrick, Hutchinson, and Ralston

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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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EDWINA DOTSON,

1:17-cv-01199 AWI-BAM

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Plaintiff, STIPULATION FOR EXTENSION OF
TIME TO RESPOND TO FIRST
AMENDED COMPLAINT

v.

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ORDER DIRECTING CLERK OF
COURT TO UPDATE DOCKET TO
REFLECT VOLUNTARY DISMISSAL
OF CERTAIN DEFENDANTS

CALIFORNIA CORRECTIONAL
HEALTH CARE SERVICES, et al.,

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Defendants.

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In exchange for waivers of service for the newly named Defendants, California

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Correctional Health Care Services (CCHCS), California Department of Corrections and

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Rehabilitation (CDCR), Dr. Carrick, Secretary Diaz1, and Kelso, the parties have stipulated to

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extend the responsive pleading deadline for all Defendants until January 7, 2019.

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Effective September 1, 2018, Secretary Diaz has assumed the position as Acting
Secretary of CDCR. Under Federal Rule of Civil Procedure 25(d) Secretary Diaz is automatically
substituted in Secretary Kernan’s place in this official capacity lawsuit.
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The parties further stipulate that the parties who have been omitted from the First Amended

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Complaint, are dismissed without prejudice, under Federal Rule of Civil Procedure

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41(a)(1)(A)(ii), including Defendants Myers, Neumann, Kanan, Cornish, Adams, Singh, Mitchell,

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Fontanilla, Hutchinson, and Ralston.

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Based on these stipulations, the parties request that the Clerk terminate these omitted
Defendants, as well as Secretary Kernan, from the docket.

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IT IS SO STIPULATED.
Dated: November 13, 2018

/s/ Kelli A. Samson
.
Kelly A. Samson
Deputy Attorney General
Attorneys for Defendants
Myers, Neumann, Kanan, Cornish, Adams,
CCHCS, Singh, CDCR, Kernan, Diaz,
Mitchell, Fontanilla, Carrick, Hutchinson,
and Ralston

Dated: November 9, 2018

/s/ Martin H. Dodd
.
Martin H. Dodd
Futterman Dupree Dodd Croley Maier LLP
Attorneys for Defendant
Kelso

Dated: November 12, 2018

/s/ Kevin Love Hubbard
Kevin Love Hubbard
Medina Orthwein LLP
Attorneys for Plaintiff
Dotson

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.

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

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ORDERED that:

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1.

Defendants California Correctional Health Care Services (CCHCS), California

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Department of Corrections and Rehabilitation (CDCR), Deputy Medical Exec. Dr. Jeffrey

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Carrick, CDCR Secretary Ralph Diaz, and Federal Receiver J. Clark Kelso shall file a response to

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the First Amended Complaint on or before January 7, 2019;

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///
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2.

All other defendants are dismissed, without prejudice, by operation of law without

further order from the Court. Fed. R. Civ. P. 41(a)(1)(A)(ii); and
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The Clerk of the Court is directed to update the docket to reflect the foregoing, and

to update the caption of this case as shown above.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

November 14, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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