Hedrick et al v. Grant

Filing 113

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 6/21/13 ORDERING the effective date of the automatic stay under 18 U.S.C. § 3626(e)(2)(A) is hereby extended until August 11, 2013. (Becknal, R)

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Carter C. White, CSB # 164149
U.C. Davis Civil Rights Clinic
One Shields Avenue, Bldg. TB-30
Davis, CA 95616-8821
Telephone: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiffs,
Darril Hedrick, et al.,
Individually and on behalf of
All others similarly situated

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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vs.
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James Grant, as Sheriff of Yuba County, et al., )
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Defendants.
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Darril Hedrick, et al., individually and on
behalf of all others similarly situated,

Case No.: 76-cv-00162-GEB-EFB
STIPULATION AND PROPOSED ORDER
POSTPONING THE EFFECTIVE DATE OF
THE AUTOMATIC STAY
18 U.S.C.§ 3626(e)

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Pursuant to Local Rule 143, the parties stipulate and ask the Court to enter an Order that

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the effective date of the automatic stay under 18 U.S.C.§ 3626(e)(2)(A) be postponed 60 days as

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provided by 18 U.S.C.§ 3626(e)(3). Good cause exists for a postponement of the automatic stay

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and to maintain the status quo, as explained herein.

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On May 13, 2013, Defendants filed a motion to terminate the Consent Decree in this

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case. (ECF No. 96). On June 3, 2013, California Rural Legal Assistance, Inc. (CRLA) filed a

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response to the motion asking leave to withdraw as counsel due to restrictions on CRLA’s

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participation in class action and prisoner litigation that were not in effect at the time the consent

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STIPULATION AND PROPOSED ORDER POSTPONING THE AUTOMATIC STAY
No. 76-cv-00162-GEB-EFB
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decree was entered. (ECF No. 98). On June 21, 2013, this Court granted CRLA’s motion to

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withdraw and appointed new counsel for the plaintiff class. (ECF No. 111).

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Under 18 U.S.C.§ 3626(e)(2)(A) a motion to terminate prospective relief such as that

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filed by defendants here “shall operate as a stay . . . beginning on the 30th day after such motion

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is filed.” However, “[t]he court may postpone the effective date of the automatic stay specified

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in subsection (e)(2)(A) for not more than 60 days for good cause.” 18 U.S.C.§ 3626(e)(3).

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Under the statute, the automatic stay went into effect on June 12, 2013, thirty days after

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defendants filed their motion to terminate.
Good cause exists for a 60 day extension of the effective date of the automatic stay. New

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counsel was recently appointed to represent the plaintiff class. The Court has reset the date for

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the hearing on the motion to September 23, 2013 to accommodate the academic calendar of the

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UC Davis Civil Rights Clinic, in order to allow the Certified Law Students in the Clinic to assist

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in the litigation of this matter. The 60-day extension of the effective date is the maximum

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amount of time allowed by the statute, and this extension will maintain the status quo while the

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parties work to resolve the issues raised by defendants’ motion.

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STIPULATION AND PROPOSED ORDER POSTPONING THE AUTOMATIC STAY
No. 76-cv-00162-GEB-EFB
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Therefore, the parties ask the Court to enter an Order extending the effective date of the
automatic stay under 18 U.S.C. § 3626(e)(2)(A) until August 11, 2013.

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Respectfully Submitted,
Dated this 21st of June, 2013

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/S/ Carter C. White
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Carter C. White
Supervising Attorney
UC Davis Civil Rights Clinic
Attorney for Plaintiffs,
Darril Hedrick, et al.,
Individually and on behalf of
all others similarly situated

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Dated this 21st of June, 2013

/S/ John R. Vacek

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John R. Vacek
Chief Deputy County Counsel
County of Yuba

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Attorney for Defendants

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ORDER

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The effective date of the automatic stay under 18 U.S.C. § 3626(e)(2)(A) is hereby

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extended until August 11, 2013.
Date: 6/21/2013

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___________________________________

GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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STIPULATION AND PROPOSED ORDER POSTPONING THE AUTOMATIC STAY
No. 76-cv-00162-GEB-EFB
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