Chappell v. Pliler, et al

Filing 117

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 11/13/17 ORDERING that 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 shall be extended to 11/17/17. (Plummer, M)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
TRACY S. HENDRICKSON, State Bar No. 155081
Senior Assistant 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, Rosario
Stiles, Goughnour 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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SACRAMENTO DIVISION
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REX CHAPPELL,

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v.

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C. K. PLILER, et al.,

2:04-cv-1183 TLN DB P
Plaintiff, STIPULATION TO EXTEND TIME FOR
DEFENDANTS TO FILE THEIR
PRETRIAL STATEMENT AND
OPPOSITION TO THE ATTENDANCE
OF INCARCERATED WITNESSES FOR
TRIAL; PROPOSED ORDER

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

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

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attendance of incarcerated witnesses for trial no later than November 17, 2017. The stipulation is

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

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

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

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

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November 3, 2017, for consideration of findings of contempt and consideration of sanctions for
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Stipulation to Extend Time for Defendants to File Pretrial Statement and Opposition to Request for the Attendance
of Incarcerated Witnesses; Proposed Order (2:04-cv-1183 TLN DB P)

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

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

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

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was vacated, to be rescheduled at a later date. (ECF No. 5720.) Although the November 3

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hearing is currently off calendar, defendants anticipate that the matter will be re-set and the

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evidence will need to be presented. A November 9, 2017 deadline was set for completion of the

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work assigned including, finalizing record reviews and preserving witness testimony so that the

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Coleman defendants are prepared to proceed when the court places the matter back on its

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calendar. However, counsel for Defendants in this matter did not receive a complete set of

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medical records for the Coleman project until November 7, 2017, therefore, time for completion

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of the Coleman project was extended.

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

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

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

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to November 17, 2017.

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IT IS SO STIPULATED:
Dated: November 13, 2017

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

Dated: November 13, 2017

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

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IT IS SO ORDERED.
DATED: November 13, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB9/DB/prisoner-civil rights/chap1183.pts eot4

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Stipulation to Extend Time for Defendants to File Pretrial Statement and Opposition to Request for the Attendance
of Incarcerated Witnesses; Proposed Order (2:04-cv-1183 TLN DB P)