Brodheim v. Cry, et al

Filing 229

ORDER signed by Magistrate Judge Kendall J. Newman on 04/01/11 ordering ( Motion Hearing continued to 5/19/2011 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M)

1 2 3 4 5 6 7 8 9 10 11 12 MICHAEL J. BRODHEIM, 13 Plaintiff, 14 v. 15 TO CONTINUE HEARING 16 17 18 19 Counsel for Plaintiff and Defendants stipulate to a continuance of the hearing on 20 21 May 19, 2011, at 10:00 a.m. Plaintiff has not yet filed an opposition and Defendants have not 22 filed their reply. Thus, further briefing is anticipated. 23 /// 24 /// 25 /// 26 /// 27 /// 28 1
Stipulation to Continue the Hearing Date on Defendants' Motion to Dismiss (2:02-cv-0573 FCD KJN (PC))

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

2:02-cv-0573 FCD KJN (PC)

STIPULATION AND ORDER

MICHAEL CRY, et al., ON MOTION TO DISMISS Defendants.

Defendants' Motion to Dismiss the Complaint currently scheduled for April 7, 2011, until

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The continuance is requested due to Plaintiff's recent grant of a parole date by the California Board of Prison Terms. However, after the parole hearing was held, the U. S. Supreme Court issued its ruling in Swarthout v. Cooke, ___ U.S. ___, 131 S.Ct. 859 (2011), making it unclear whether the grant of parole is still in effect. Additional time is necessary to determine whether the District Court can, or will, order Plaintiff's release. Should Plaintiff be released on parole, the parties agree that this matter may become moot, and no further briefing will likely be necessary. Accordingly, the parties request a continuance of the hearing on Defendants' Motion to Dismiss until May 19, 2011. Dated: March 30, 2011 By: /s/ Kelli M. Hammond______________ KELLI M. HAMMOND Deputy Attorney General Attorney for Defendants

Dated: March 30, 2011 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
SA2003100259 31227286.doc

By: /s/ Joseph D. Elford______________ JOSEPH D. ELFORD Attorney for Plaintiff

IT IS SO ORDERED. DATED: April 1, 2011

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Stipulation to Continue the Hearing Date on Defendants' Motion to Dismiss (2:02-cv-0573 FCD KJN (PC))