Valdivia, et al v. Schwarzenegger, et al

Filing 1795

ORDER signed by Judge Lawrence K. Karlton on 1/29/13 ORDERING that Plaintiff's APPLICATION to exceed page limit 1792 is GRANTED. Plaintiffs may submit Objections not to exceed sixty (60) pages. (Mena-Sanchez, L)

1 GEOFFREY THOMAS HOLTZ – 191370
BINGHAM MCCUTCHEN LLP
2 Three Embarcadero Center
San Francisco, California 94111-4067
3 Telephone: [phone]
Facsimile: [phone]
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DONALD SPECTER – 83925
5 PRISON LAW OFFICE
1917 Fifth Street
6 Berkeley, California 94710-1916
Telephone: [phone]
7 Facsimile: [phone]
8 MICHAEL W. BIEN – 96891
ERNEST GALVAN – 196065
9 KENNETH M. WALCZAK – 247389
ROSEN BIEN GALVAN & GRUNFELD LLP
10 315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
11 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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18 JERRY VALDIVIA, et al.,
Plaintiffs,

Case No. Civ. S-94-0671 LKK-GGH

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PLAINTIFFS’ APPLICATION TO
EXCEED PAGE LIMIT IN
PLAINTIFFS’ OBJECTIONS TO
THIRTEENTH REPORT OF THE
SPECIAL MASTER ON THE STATUS
AND CONDITIONS OF THE
REMEDIAL ORDER; DECLARATION
OF KENNETH M. WALCZAK IN
SUPPORT THEREOF

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Judge: Hon. Lawrence K. Karlton

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v.

21 EDMUND G. BROWN, JR., et al.,
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Defendants.

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[717742-4]

APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT

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APPLICATION

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Plaintiffs Jerry Valdivia, et al. hereby apply for an order allowing Plaintiffs to

3 exceed the page limit for their Objections to the Thirteenth Report of the Special Master on
4 the Status and Conditions of the Remedial Order (“Thirteenth Report”).
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Plaintiffs respectfully submit that good cause exists to allow them to exceed the

6 thirty (30) page limitation as set forth in the Honorable Judge Karlton’s standing order
7 because responding to the many findings and conclusions in the Thirteenth Report (and
8 responding to the substantial body of evidence upon which the Thirteenth Report relies)
9 requires Plaintiffs to file a detailed brief which will take more than the number of pages
10 normally allotted. Unlike in previous reports of the Special Master, the Thirteenth Report
11 relies in part on the information and conclusions presented in Defendants’ omnibus
12 Compliance Assessment Report (“CAR”), which consists of 8,028 pages, including all
13 exhibits. The complex data analyses and lengthy discussions of Defendants’ compliance
14 that appear in the CAR and the seventy-three page Thirteenth Report necessitate a
15 similarly comprehensive response from Plaintiffs which can only be accomplished if
16 Plaintiffs are permitted to exceed the thirty (30) page limitation.
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Despite a good faith effort by Plaintiffs to comply with the page limitation,

18 Plaintiffs seek leave to file a memorandum of Plaintiffs’ Objections to the Thirteenth
19 Report of sixty (60) pages in order to adequately address all the necessary issues raised
20 within Thirteenth Report. Defendants have indicated they will not oppose Plaintiffs’
21 Application. See Declaration of Kenneth M. Walczak, ¶ 3. Based upon the foregoing,
22 Plaintiffs submit good cause exists, and thus the Court should grant this Application.
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[717742-4]

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APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT

1 DATED: January 25, 2013

Respectfully submitted,

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ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Kenneth M. Walczak
Kenneth M. Walczak
Attorneys for Plaintiffs

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[717742-4]

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APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT

DECLARATION OF KENNETH M. WALCZAK

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I, Kenneth M. Walczak, declare:

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1.

I am an attorney admitted to practice law in California, a member of the bar

4 of this Court, and an associate in the law firm of Rosen, Bien & Galvan LLP, counsel of
5 record for Plaintiffs. I have personal knowledge of the matters set forth herein, and if
6 called as a witness I could competently so testify. I make this declaration in support of
7 Plaintiffs’ Application to Exceed Page Limit in Plaintiffs’ Objections to Thirteenth Report
8 of the Special Master on the Status and Conditions of the Remedial Order (“Thirteenth
9 Report”).
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2.

The Thirteenth Report is seventy-three (73) pages, and contains complex

11 data analyses, lengthy discussions of Defendants’ policies and practices and Plaintiffs’
12 monitoring, and eight findings of substantial compliance with which Plaintiffs respectfully
13 disagree. Plaintiffs have in good faith attempted to address the complex issues raised by
14 the Thirteenth Report within the page limitation provided in the Honorable Judge Karlton’s
15 standing order. Plaintiffs require sixty (60) pages for their Objections to the Thirteenth
16 Report of the Special Master on the Status and Conditions of the Remedial Order in order
17 to adequately address all of the necessary issues raised within Thirteenth Report.
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3.

On January 24, 2013, I emailed Samantha Wolff, counsel for Defendants,

19 requesting that Defendants stipulate to a Proposed Order expanding the length of both
20 parties’ briefs regarding the Thirteenth Report to fifty-five pages. By an email of this same
21 date, Defendants declined to stipulate to expand the page limitation, but stated that they
22 would not object to Plaintiffs’ seeking an extension of the page limit from the Court. A
23 true and correct copy of this January 24, 2013 email exchange is attached hereto as
24 Exhibit A.
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[717742-4]

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APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT

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I declare under penalty of perjury under the laws of the United States and the State

2 of California that the foregoing is true and correct, and that this declaration is executed at
3 San Francisco, California this 25th day of January, 2013.
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/s/ Kenneth M. Walczak
Kenneth M. Walczak

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[717742-4]

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APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT

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ORDER

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Proof of good cause having been made to the satisfaction of this Court that the

3 application sought for Plaintiffs’ application to exceed the page limit for their Objections
4 to Thirteenth Report of the Special Master on the Status and Conditions of the Remedial
5 Order should be granted, IT IS ORDERED that the application is GRANTED. Plaintiffs
6 may submit Objections not to exceed sixty (60) pages.
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IT IS SO ORDERED.

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Dated: January 29, 2013.

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APP. TO EXCEED PAGE LIMIT IN OBJECTIONS TO THIRTEENTH REPORT OF THE SPECIAL MASTER ON
THE STATUS AND CONDITIONS OF THE REMEDIAL ORDER; WALCZAK DECL. IN SUPPORT