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

Filing 28

STIPULATION and ORDER 27 to Extend Defendant's Responsive Pleading Deadline and the Parties' Deadline to File Joint Scheduling Report, signed by Magistrate Judge Jennifer L. Thurston on 10/16/2020. Scheduling Conference set for 11/10/2020 at 08:30 AM in Bakersfield before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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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 /
Clerk 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.,

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Plaintiffs,

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v.

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Case No. 1:20-cv-00889-DAD-JLT
STIPULATION AND [PROPOSED]
ORDER TO EXTEND COURT
DEFENDANTS’ RESPONSIVE
PLEADING DEADLINE AND THE
PARTIES’ DEADLINE TO FILE JOINT
SCHEDULING REPORT

TAMARAH HARBER-PICKENS, et al.,
(Doc. 27)
Defendants.

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Stip. and [Proposed] Order Extend Deadlines
1:20-cv-00889-DAD-JLT

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Defendants Tamarah Harber-Pickens, in her official capacity as Court Executive Officer /

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

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

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(collectively “KCSC”), and Plaintiffs American Civil Liberties Union of Southern California,

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First Amendment Coalition, Kilah Oats, Lotisha Davidson, Tanisha Brown, Tameca Spriggs, and

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Janie Randle hereby stipulate to 1) extend KCSC’s deadline to file a responsive pleading until

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November 3, 2020; and 2) extend the parties’ deadline to file a joint scheduling report until

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November 3, 2020.

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1.

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

for September 22, 2020. (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.

On September 8, 2020, upon the parties’ stipulation, the Court ordered: 1) a

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continuance of the Mandatory Scheduling Conference until October 20, 2020; 2) a similar

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continuance of the parties’ respective Rule 26 obligations; and 3) an extension of the deadline for

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the defendants to file a responsive pleading until October 20, 2020. (Dkt. No. 25.)

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4.

On October 15, 2020, the Court vacated the Mandatory Scheduling Conference set

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for October 20, 2020, and ordered the parties to submit a joint scheduling report by October 21,

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2020. (Dkt. No. 26.)

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5.

KCSC recently completed installation of live audio streaming services in all active

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courtrooms in the Superior Court of California, County of Kern such that it can balance the need

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

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to court proceedings.

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6.

Pursuant to a Standing Order re Access to Court Proceedings During The COVID-

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19 Pandemic And Availability Of Audio Live Streaming, effective October 1, 2020, Presiding

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Judge Dulcich announced the availability of live audio streaming for all active courtrooms in the

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Superior Court of California, County of Kern.
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Stip. and [Proposed] Order to Extend Deadlines
1:20-cv-00889-DAD-JLT

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7.

Now that live audio streaming is available for all active courtrooms in the Superior

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Court of California, County of Kern, the parties believe their time and efforts are best served by

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working to resolve this matter amicably, rather than preparing for litigation and trial. The parties

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further believe these proposed extensions will give 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:

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1.

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2020; and

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2.

KCSC’s deadline to file a responsive pleading shall be extended to November 3,

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The parties’ deadline to file a joint scheduling report shall be extended to

November 3, 2020;
IT IS SO STIPULATED.
Dated: October 16, 2020

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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: October 16, 2020

ACLU FOUNDATION OF NORTHERN
CALIFORNIA
/s/ Kathleen Guneratne (as authorized on
10/16/2020)
Kathleen Guneratne
Amy Gilbert
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 Extend Deadlines
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Dated: October 16, 2020

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/s/ Peter Eliasberg (as authorized on
10/16/2020)
Peter Eliasberg
Jordan Wells

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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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AMERICAN CIVIL LIBERTIES UNION
OF SOUTHERN CALIFORNIA

Dated: October 16, 2020

FIRST AMENDMENT COALITION
/s/ David Edward Snyder (as authorized on
10/16/2020)
David Edward Snyder
Attorneys for Plaintiff
FIRST AMENDMENT COALITION

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Stip. and [Proposed] Order to Extend Deadlines
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[PROPOSED] ORDER

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Based upon the parties’ stipulation, and for good cause shown, the Court ORDERS:

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1.

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2020; and

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2.

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KCSC’s deadline to file a responsive pleading shall be extended to November 3,

The parties’ deadline to file a joint scheduling report shall be extended to

November 3, 2020;
3.

The mandatory scheduling conference is set on November 10, 2020 at 8:30 a.m.

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IT IS SO ORDERED.
Dated:

October 16, 2020

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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Stip. and [Proposed] Order to Extend Deadlines
1:20-cv-00889-DAD-JLT