American Civil Liberties Union of Southern California et al v. Harber-Pickens et al

Filing 25

STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE AND EXTEND DEFENDANTS' RESPONSIVE PLEADING DEADLINE, IT IS HEREBY ORDERED THAT: The Mandatory Scheduling Conference in this matter shall be continued to October 20, 2020, at 8:30 a.m.,in Bakersfield, 510 19th Street before Magistrate Judge Jennifer L. Thurston; the parties' respective Rule 26 obligations shall likewise be continued; and the deadline to file a responsive pleading in this matter for all named Defendants shall be extended to October 20, 2020. Order signed by Magistrate Judge Jennifer L. Thurston on 9/7/2020. (Apodaca, P)

Case 1:20-cv-00889-DAD-JLT Document 24 Filed 09/04/20 Page 1 of 5
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Robert A. Naeve (State Bar No. 106095)
[e-mail]
Cary D. Sullivan (State Bar No. 228527)
[e-mail]
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612.4408
Telephone: [phone]
Facsimile: +1.949.553.7539
Nathaniel P. Garrett (State Bar No. 248211)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104-1500
Telephone: [phone]
Facsimile: +1.415.875.5700
Attorneys for Defendants
TAMARAH HARBER-PICKENS, in her
official capacity as Court Executive Officer of
the Superior Court of California, County of
Kern; and HON. JUDITH K. DULCICH, in
her official capacity as Presiding Judge of the
Superior Court of California, County of Kern

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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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AMERICAN CIVIL LIBERTIES
UNION OF SOUTHERN
CALIFORNIA, et al.,
Plaintiffs,

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v.
TAMARAH HARBER-PICKENS, et al.,
Defendants.

Case No. 1:20-cv-00889-DAD-JLT
Assigned for all purposes to
Hon. Dale A. Drozd
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE MANDATORY
SCHEDULING CONFERENCE AND
EXTEND DEFENDANTS’ RESPONSIVE
PLEADING DEADLINE
(Doc. 24)
Current Date:
September 22, 2020
Proposed New Date: October 20, 2020
Time:
8:30 a.m.
Dept.:
Courtroom 5

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Stip. and [Proposed] Order to Continue Mand.
Sched. Conf. and Extend Response Deadline
1:20-cv-00889-DAD-JLT

Case 1:20-cv-00889-DAD-JLT Document 24 Filed 09/04/20 Page 2 of 5
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Defendants Tamarah Harber-Pickens, in her official capacity as Court Executive Officer

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of the Superior Court of California, County of Kern, and Hon. Judith K. Dulcich, in her official

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capacity as Presiding Judge of the Superior Court of California, County of Kern (collectively

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“KCSC”), and Plaintiffs American Civil Liberties Union of Southern California Kilah Oats,

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Lotisha Davidson, Tanisha Brown, Tameca Spriggs, and Janie Randle hereby stipulate to 1)

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continue the Mandatory Scheduling Conference in this matter, currently set for September 22,

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2020, to October 20, 2020, or as soon thereafter as the Court may be available; and 2) extend all

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Defendants’ deadline to file a responsive pleading in this matter until October 20, 2020.

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1.

On June 26, 2020, the Court set the Mandatory Scheduling Conference in this

matter for September 22, 2020, at 8:30 a.m. (Dkt. No. 3.)
2.

On July 14, 2020, counsel for KCSC executed and Plaintiffs filed a Waiver of the

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Service of Summons, which set KCSC’s deadline to file a responsive pleading in this matter at 60

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days from July 14, 2020 – or September 14, 2020. (Dkt. No. 19.)

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3.

KCSC has been working diligently to install live audio streaming services in all

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active courtrooms in the Superior Court of California, County of Kern so that it can balance the

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need to maintain physical distancing in light of the COVID-19 pandemic with the public right of

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access to court proceedings.

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4.

KCSC has informed Plaintiffs that all live audio streaming equipment has been

installed; is currently being tested; and soon will go live.
5.

Once live audio streaming becomes available, the parties believe their time and

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efforts are best served by working to resolve this matter amicably, rather than preparing for

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litigation and trial. The parties further believe this proposed continuance and extension will give

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them sufficient time in which to do so.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, subject to the
Court’s approval, as follows:
1.

The Mandatory Scheduling Conference in this matter shall be continued to

October 20, 2020, at 8:30 a.m., or as soon thereafter as the Court may be available;
2.

The parties’ respective Rule 26 obligations shall likewise be continued; and
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Stip. and [Proposed] Order to Continue Mand.
Sched. Conf. and Extend Response Deadline
1:20-cv-00889-DAD-JLT

Case 1:20-cv-00889-DAD-JLT Document 24 Filed 09/04/20 Page 3 of 5
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3.

The deadline to file a responsive pleading in this matter by all named Defendants

shall be extended to October 20, 2020.
IT IS SO STIPULATED.
Dated: September 4, 2020

JONES DAY
/s/ Robert A. Naeve
Robert A. Naeve
Cary D. Sullivan
Nathaniel P. Garrett

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Attorneys for Defendants
TAMARAH HARBER-PICKENS, in her
official capacity as Court Executive Officer
of the Superior Court of California, County
of Kern; and HON. JUDITH K. DULCICH,
in her official capacity as Presiding Judge of
the Superior Court of California, County of
Kern

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Dated: September 4, 2020

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/s/ Kathleen Guneratne (as authorized on
9/4/2020)
Kathleen Guneratne
Amy Gilbert

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Attorneys for Plaintiffs
ACLU OF SOUTHERN CALIFORNIA,
KILAH OATS, LOTISHA DAVIDSON,
TANISHA BROWN, TAMECA
SPRIGGS, and JANIE RANDLE

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ACLU FOUNDATION OF NORTHERN
CALIFORNIA

Dated: September 4, 2020

AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF SOUTHERN
CALIFORNIA
/s/ Peter Eliasberg (as authorized on
9/4/2020)
Peter Eliasberg
Jordan Wells
Attorneys for Plaintiffs
ACLU OF SOUTHERN CALIFORNIA,
KILAH OATS, LOTISHA DAVIDSON,
TANISHA BROWN, TAMECA
SPRIGGS, and JANIE RANDLE

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Stip. and [Proposed] Order to Continue Mand.
Sched. Conf. and Extend Response Deadline
1:20-cv-00889-DAD-JLT

Case 1:20-cv-00889-DAD-JLT Document 24 Filed 09/04/20 Page 4 of 5
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Dated: September 4, 2020

FIRST AMENDMENT COALITION
/s/ David Edward Snyder (as authorized on
9/4/2020)
David Edward Snyder

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Attorneys for Plaintiff
FIRST AMENDMENT COALITION

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Dated: September 4, 2020

OFFICE OF KERN COUNTY COUNSEL
/s/ Marshall Scott Fontes (as authorized on
9/4/2020)
Marshall Scott Fontes
Andrew C. Thomson
Attorneys for Defendant
DONNY YOUNGBLOOD, Sheriff of Kern
County, in his official capacity

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Stip. and [Proposed] Order to Continue Mand.
Sched. Conf. and Extend Response Deadline
1:20-cv-00889-DAD-JLT

Case 1:20-cv-00889-DAD-JLT Document 24 Filed 09/04/20 Page 5 of 5
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[PROPOSED] ORDER
Based upon the parties’ Stipulation to Continue the Mandatory Scheduling Conference

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and Extend Defendants’ Responsive Pleading Deadline, and for good cause shown, IT IS

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HEREBY ORDERED THAT:

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1.

The Mandatory Scheduling Conference in this matter shall be continued to

October 20, 2020, at 8:30 a.m.;

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2.

The parties’ respective Rule 26 obligations shall likewise be continued; and

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3.

The deadline to file a responsive pleading in this matter for all named Defendants

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shall be extended to October 20, 2020.

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IT IS SO ORDERED.

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September 7, 2020
Dated: ___________________

HON. DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE
DISTRICT JUDGE

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Stip. and [Proposed] Order to Continue Mand.
Sched. Conf. and Extend Response Deadline
1:20-cv-00889-DAD-JLT