Hebbe v. Pliler, et al

Filing 218

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 03/20/13 ordering based on the stipulation and good cause appearing, the hearing on plaintiff's motion for sanctions 216 is continued to 04/17/13 at 10:00 a.m. in courtroom 8. Defendants shall file their opposition on or before 04/05/13, and any reply shall be due no later than 04/15/13. (Plummer, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
DAVID A. CARRASCO, State Bar No. 160460
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants Pliler and Vance
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PAUL ERIC HEBBE,

No. 2:00-cv-00306 EFB

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v.
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--------Plaintiff, STIPULATION AND PROPOSED
ORDER TO CONTINUE HEARING
DATE AND BRIEFING SCHEDULE
ON PLAINTIFF’S MOTION FOR
SANCTIONS

PLILER, et al.,
Defendants.

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Under Local Rules 143 and 230(f), the parties, through their respective counsel of record,

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stipulate to continue the hearing date and briefing schedule on Plaintiff’s motion for sanctions

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that was filed on March 13, 2013, and which is scheduled to be heard on March 27, 2013, at 10

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a.m. before Magistrate Judge Brennan. (ECF No. 216.) Good cause exists to grant the requested

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continuance because defense counsel requires more time to familiarize herself with this case and

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prepare the opposition to the sanctions motion.

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On January 31, 2013, Deputy Attorney General Diana Esquivel took over this case from

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Michael Lee, who is in the process of retiring. (See ECF No. 215.) Since Esquivel took over this

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case, she has not had an opportunity to review the case files or familiarize herself with the issues
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Stipulation and Order to Continue Hearing and Briefing Schedule on Plaintiff’s Motion for Sanctions
(2:00-cv-00306-EFB)

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in this lawsuit due to her trial calendar. In late January and early February, she was preparing for

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and in trial in the matter of Jacobs v. Woodford (E.D. Cal. No. 1:08-cv-0369 JLT), which started

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trial on February 6, 2013. After the Jacobs trial, Esquivel had other preexisting deadlines to meet

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and also started preparing for and was in trial in Samuels v. Adame (E.D. Cal. No. 1:09-cv-1320

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SAB), which went to trial on March 12, 2013.

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On March 13, 2013, Plaintiff filed a motion for sanctions for spoliation of evidence under

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Local Rule 251(e), which allows for a shortened briefing schedule and hearing date. (ECF No.

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216.) Plaintiff’s motion is currently set to be heard on March 27, with the opposition due on

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March 20 and reply on March 25. Defense counsel requires more time to familiarize herself with

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the discovery issues that gave rise to the sanctions motion and to prepare an opposition.

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Accordingly, the parties agree to continue the hearing on the sanctions motion to April 17, 2013,

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at 10 a.m., with Defendants’ opposition due on April 5, and Plaintiff reply due on April 15.

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IT IS SO STIPULATED.

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Dated: March 15, 2013

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
DAVIS A. CARRASCO
Supervising Deputy Attorney General

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/s/ Diana Esquivel

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DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

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Dated: March 15, 2013

O’MELVENY & MYERS LLP
CATALINA VERGARA
ROBERT D. HUNT
KATELYN DENBY

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/s/ Robert D. Hunt

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ROBERT D. HUNT
Attorneys for Plaintiff

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CA2001CX0034
31642798.doc

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Stipulation and Order to Continue Hearing and Briefing Schedule on Plaintiff’s Motion for Sanctions
(2:00-cv-00306-EFB)

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ORDER

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Based on the parties’ stipulation and good cause appearing, the hearing on Plaintiff’s

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motion for sanctions (ECF No. 216) is continued to April 17, 2013, at 10:00 a.m. in Courtroom 8.

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Defendants shall file their opposition on or before April 5, 2013, and any reply shall be due no

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later than April 15, 2013.

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IT IS SO ORDERED.
DATED: March 20, 2013

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Stipulation and Order to Continue Hearing and Briefing Schedule on Plaintiff’s Motion for Sanctions
(2:00-cv-00306-EFB)