Brodheim v Welch, et al

Filing 69

ORDER signed by Magistrate Judge Gregory G. Hollows on 6/11/13 ORDERING that Defendants need not respond to the third amended and supplemental complaint, filed on May 27, 2013. On or before July 1, 2013, Plaintiff shall file a fourth amended com plaint or take other appropriate action based on the Governors response to the Boards findings that Plaintiff be granted parole. If Plaintiff files a fourth amended complaint, Defendants shall file their response to the amended complaint on or before July 31, 2013.(Dillon, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
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 DiNinni, Kenneally,
Moore, Perez, Schwarzenegger, and their successors
in office

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Additional Counsel on Signature Block
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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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MICHAEL BRODHEIM,

No. 2:05-cv-1512-LKK-GGH (PC)

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v.
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Plaintiff, STIPULATION AND PROPOSED
ORDER CONCERNING AMENDING
THE COMPLAINT AND DEFENDANTS’
RESPONSE TO THE COMPLAINT

LOUIE DININNI, et al.,
Action Filed: August 30, 2005

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Defendants.

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Under Federal Rule of Civil Procedure 15(a)(2) and Local Rules 143 and 144(a), the

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parties, by and through, their attorneys of record agree that Plaintiff will amend and/or

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supplement his complaint, if necessary, by July 1, 2013, and Defendants will file their response to

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the amended and/or supplemental complaint by July 31, 2013. The reasons for this stipulation are

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as follows:

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1
Stipulation and Order Concerning Amending the Complaint and Defendants’ Response to the Complaint
(2:05-cv-1512-LKK-GGH)

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1. On May 27, 2013, Plaintiff filed his third amended and supplemental complaint (TAC)

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for declaratory and injunctive relief. (ECF No. 66.) Under Rule 15(a)(3), Defendants response to

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the TAC is due on June 10, 2013.

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2. The Governor of the State of California has until about June 8, 2013, to act on the Board

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of Parole Hearings’ (Board) findings that Plaintiff be granted parole. If the Governor does not

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reverse the Board’s findings or fails to act such that Plaintiff is granted parole, this action will

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likely be moot. If the Governor reverses the Board’s findings, Plaintiff seeks to file a fourth

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amended and/or supplement complaint (FAC) to allege these additional facts so as to make his

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complaint complete and up-to-date.

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3. The parties agree that Plaintiff will have up to and including July 1, 2013, to file his
FAC, if necessary, depending on the Governor’s response to the Board’s findings.

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4. Defendants will respond to the FAC, if one is filed, on or before July 31, 2013.

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IT IS SO STIPULATED.

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Dated: June 7, 2013

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
CHRISTOPHER J. BECKER
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: June 7, 2013

/s/ Joseph D. Elford

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JOSEPH D. ELFORD
Attorneys for Plaintiff

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SA2006300949
31704207.doc

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Stipulation and Order Concerning Amending the Complaint and Defendants’ Response to the Complaint
(2:05-cv-1512-LKK-GGH)

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ORDER

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Based on the parties’ stipulation and good cause appearing, Defendants need not respond to

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the third amended and supplemental complaint, filed on May 27, 2013. (See ECF No. 66.)

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On or before July 1, 2013, Plaintiff shall file a fourth amended complaint or take other

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appropriate action based on the Governor’s response to the Board’s findings that Plaintiff be

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granted parole. If Plaintiff files a fourth amended complaint, Defendants shall file their response

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to the amended complaint on or before July 31, 2013.

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IT IS SO ORDERED.

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DATED: June 11, 2013

/s/ Gregory G. Hollows
_______________________________________
Gregory G. Hollows
United States Magistrate Judge

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Stipulation and Order Concerning Amending the Complaint and Defendants’ Response to the Complaint
(2:05-cv-1512-LKK-GGH)