Smithee et al v. California Correctional Institution et al

Filing 14

ORDER GRANTING IN PART 13 Stipulation to Continue Hearing on Motion to Dismiss and to Continue Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 3/5/2019. Hearing on motion to dismiss CONTINUED to 5/2/2019 at 09:30 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. Scheduling Conference CONTINUED to 5/23/2019 at 08:45 AM in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
JEREMY DUGGAN, State Bar No. 229854
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
R. Litt-Stoner and State of California

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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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DANA SMITHEE, et al.,

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Plaintiffs, STIPULATION FOR CONTINUANCE
OF HEARING ON MOTION TO
v.
DISMISS AND CONTINUANCE OF
SCHEDULING CONFERENCE;
[PROPOSED] ORDER
CA CORRECTIONAL INSTITUTION,
et al.,
(Doc. 13)

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Case No. 1:19-cv-00004 LJO JLT

Defendants.

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Defendants’ motion to dismiss in this matter is set for hearing on March 28, 2019 at 9:30

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a.m. (ECF No. 12.) Plaintiff’s counsel is unavailable to appear for the hearing at that time, and

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has requested that Defendants stipulate to a continuance of the hearing date and the filing date for

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Plaintiff’s opposition. Under Local Rule 143 and 230(f), the parties, through their counsel of

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record, therefore agree to and request a continuance of the hearing to May 2, 2019 at 9:30 a.m.,

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with Plaintiff’s opposition due April 11 and Defendants’ reply due April 25, 2019.

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In addition, a scheduling conference is set for March 28, 2019 at 8:30 a.m. (Order Setting

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Scheduling Conference, ECF No. 6.) A scheduling order may be modified upon a showing of

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good cause and by leave of Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see also Johnson v.
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Stipulation for Continuance of Hearing Date; [Proposed] Order (1:19-cv-00004 LJO JLT)

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Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Here, the scheduling conference

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would be more productive if it were held after the motion to dismiss is decided. The parties

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therefore agree to and request that the scheduling conference be continued to May 29, 2019 at

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8:30 a.m.

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The parties have not sought continuances of these dates before, and the continuances are
not being sought for any improper purpose.
Based on the foregoing, the parties stipulate as follows: that the hearing on Defendants’

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motion to dismiss, previously set for March 28, 2019, at 9:30 a.m., be continued to May 2, 2019,

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at 9:30 a.m; that Plaintiff’s opposition to the motion to dismiss be due no later than April 11,

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2019; that Defendants’ reply be due no later than April 25, 2019; and that the scheduling

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conference, previously set for March 28, 2019, at 8:30 a.m., be continued to May 29, 2019 at 8:30

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a.m.

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Dated: March 4, 2019

Willoughby Brod, LLP

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/s/ Gregory J. Brod (as authorized 3/4/2019)

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Gregory J. Brod
Attorneys for Plaintiffs Dana Smithee and
E.M., a minor by and through guardian ad
litem Jennifer Montes

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Dated: March 4, 2019

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

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/s/ Jeremy Duggan

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JEREMY DUGGAN
Deputy Attorney General
Attorneys for Defendants
State of California and R. Litt-Stoner

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2

Stipulation for Continuance of Hearing Date; [Proposed] Order (1:19-cv-00004 LJO JLT)

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[Proposed] ORDER

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Based upon the stipulation of counsel, the Court ORDERS:

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1.

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The stipulation to continue the scheduling conference and the motion to dismiss (Doc.

13) is GRANTED IN PART;
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The hearing on the defendants’ motion to dismiss is continued to May 2, 2019, at

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9:30 a.m. The plaintiff’s opposition to the motion to dismiss is due no later than April 11, 2019,

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and the defendants’ reply is due no later than April 25, 2019;

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3.

The scheduling conference is continued to May 23, 2019 at 8:45 a.m.

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IT IS SO ORDERED.
Dated:

March 5, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stipulation for Continuance of Hearing Date; [Proposed] Order (1:19-cv-00004 LJO JLT)