Chappell v. Pliler, et al

Filing 115

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 10/30/2017 and agreed between the parties to EXTEND the deadline for defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial statement and an opposition to the attendance of incarcerated witnesses for trial to 11/10/2017. (Yin, K)

1
2
3
4
5
6
7

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
KELLI M. HAMMOND, State Bar No. 217485
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Pliler, Goughnour,
Rosario, Stiles, and Vance

8
9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13

Case No. 2:04-cv-1183 TLN DB P
REX CHAPPELL,

14
15

v.

16
17
18

STIPULATION TO EXTEND TIME FOR
Plaintiff, DEFENDANTS TO FILE THEIR PRETRIAL
STATEMENT AND OPPOSITION TO THE
ATTENDANCE OF INCARCERATED
WITNESSES FOR TRIAL; PROPOSED
ORDER

C. K. PLILER, et al.,
Defendants.

19
20
21

STIPULATION
The parties to this action stipulate, and seek court approval of their stipulation, to modify

22

the scheduling order to allow Defendants to file a pretrial statement and opposition to the

23

attendance of incarcerated witnesses for trial no later than November 10, 2017. The stipulation is

24

necessary because counsel for Defendants is currently assigned full-time to the matter of

25

Coleman, et al., v. Brown, et al., Case No. 2:90-cv-00522-KJM-KJN.

26

Coleman, et al., v. Brown, et al., is a long-running class action concerning mental-health

27

care for California state prison inmates, in the remedial stage. A contempt hearing was set for

28

November 3, 2017, for consideration of findings of contempt and consideration of sanctions for

1

non-compliance with court directives that may have accumulated between May 16, 2017, and the

2

November hearing. (ECF No. 5610 at 11.) Counsel for Defendants was assigned to assist the

3

team of attorneys assigned to Coleman to prepare for the November 3, 2017 hearing. On October

4

23, 2017, the Coleman court vacated the November 3, 2017 hearing date to be rescheduled at a

5

later date. (ECF No. 5720.) Although the November 3 hearing is off calendar for the time-being,

6

defendants anticipate that the matter will be re-set and the evidence will need to be presented. As

7

a result, a November 9, 2017 deadline has been set for completion of the work assigned including

8

finalizing record reviews and preserving witness testimony so that the Coleman defendants are

9

prepared to proceed when the court places the matter back on its calendar.

10

Accordingly, the parties, through their respective counsel of record, stipulate that the

11

deadline for Defendants Pliler, Rosario, Stiles, Goughnour and Vance to file their pretrial

12

statement and an opposition to the attendance of incarcerated witnesses for trial shall be extended

13

to November 10, 2017.

14

IT IS SO STIPULATED:

15
16

Dated: October 27, 2017

/s/ Matthew Strugar__________________
Matthew Strugar
Attorney for Plaintiff Rex Chappell

Dated: October 27, 2017

/s/ Kelli M. Hammond
Kelli M. Hammond
Deputy Attorney General
Attorney for Defendants Pliler, Goughnour,
Rosario, Stiles, and Vance

17
18
19
20
21
22
23
24

IT IS SO ORDERED.
DATED: October 30, 2017

25
26

/s/ DEBORAH BARNES

27

UNITED STATES MAGISTRATE JUDGE

28

DLB:9DB/orders/prisoner-civil rights/chap1183.pts eot3