Coleman, et al v. Schwarzenegger, et al

Filing 5571

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 2/23/17: The stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special Master's Staffing Report is APPROVED. (Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 XAVIER BECERRA ATTORNEY GENERAL WILLIAM C. KWONG ACTING SENIOR ASSISTANT ATTORNEY GENERAL DANIELLE F. O’BANNON JAY C. RUSSELL Supervising Deputy Attorneys General ELISE OWENS THORN, State Bar No. 145931 MANEESH SHARMA, State Bar No. 280084 CHRISTINE M. CICCOTTI, State Bar No. 238695 CHAD STEGEMAN, State Bar No. 225745 Deputy Attorneys General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 324-4921 Fax: (916) 324-5205 E-mail: Elise.Thorn@doj.ca.gov Attorneys for Defendants 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 SACRAMENTO DIVISION 14 15 16 RALPH COLEMAN, et al., 17 Plaintiffs, STIPULATION AND ORDER EXTENDING THE TIME TO RESPOND v. TO THE SPECIAL MASTER’S REPORT ON THE STATUS OF MENTAL HEALTH STAFFING AND THE EDMUND G. BROWN JR., et al., IMPLEMENTATION OF DEFENDANTS’ STAFFING PLAN Defendants. 18 19 20 2:90-cv-00520 KJM-DB (PC) 21 22 23 The parties stipulate as follows: 24 On February 6, 2017, the Special Master filed his Report on the Status of Mental Health 25 Staffing and the Implementation of Defendants’ Staffing Plan. (ECF No. 5564.) 26 Under Rule 53(f)(1) of the Federal Rules of Civil Procedure, the parties have 21 days to 27 move to reject or modify a special master report. The current deadline to object to or move to 28 modify the February 6 report is February 27, 2017. The parties have conferred and agree that 1 Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC)) 1 additional time is necessary to prepare and file their respective responses to the Special Master’s 2 February 6 report. 3 4 5 The Special Master has indicated that he does not object to the parties’ stipulation to extend the time to respond to the February 6 report. The parties therefore stipulate that the time for the parties to file responses to the Special 6 Master’s Report on the Status of Mental Health Staffing and the Implementation of Defendants’ 7 Staffing Plan should be extended 31 days, until March 30, 2017. 8 Dated: February 21, 2017 9 10 11 12 13 14 Respectfully submitted, XAVIER BECERRA Attorney General of California DANIELLE F. O'BANNON Supervising Deputy Attorney General /s/ Elise Owens Thorn ELISE OWENS THORN Deputy Attorney General Attorneys for Defendants 15 16 17 /s/ Michael W. Bien MICHAEL W. BIEN Attorney for Plaintiffs 18 19 20 21 ORDER The court first notes there is a difference between the 21 day period in Federal Rule of Civil 22 Procedure 53(f)(2) and the ten day period in Section C of the Order of Reference filed December 23 11, 1995, ECF No. 640 at 8. The parties’ filing reflects they assume the former controls the 24 deadline for filing responses to the Special Master’s February 6, 2017 Report on the Status of 25 Mental Health Staffing and the Implementation of Defendants’ Staffing Plan (Staffing Report), 26 ECF No. 5564. If the Order of Reference controls, responses were due February 17, 2017. See 27 Fed. R. Civ. P. 6(a)(1). In view of the parties’ agreement that the time for responses should be 28 extended to March 30, 2017, and the Special Master’s concurrence with this agreement, the court 2 Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC)) 1 need not resolve which period controls, or whether the stipulation was filed before or after the 2 time for filing responses has expired. Cf. Fed. R. Civ. P. 6(b)(1); L.R. 144(d) (E.D.Cal.). The 3 stipulation to extend until March 30, 2017 the time for the parties to file responses to the Special 4 Master’s Staffing Report is APPROVED. 5 IT IS SO ORDERED. 6 DATED: February 23, 2017 7 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Stip. and Order Extend. Time to Respond to the Special Master’s Report (2:90-cv-00520 KJM-DB (PC))

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