Brodheim v Welch, et al

Filing 72

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 8/13/13 ORDERING that Defendants need not respond to the fourth amended and supplemental complaint, filed on July 1, 2013. (See ECF No. 70 .) Plaintiff shall file his fifth amended complaint by no later than August 30, 2013. Defendants shall respond to the fifth amended complaint by no later than September 30, 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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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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LOUIE DININNI, et al.,

Plaintiff, STIPULATION AND ORDER FOR
PLAINTIFF TO FILE A FIFTH
AMENDED COMPLAINT AND FOR
DEFENDANTS TO RESPOND TO THE
COMPLAINT THIRTY DAYS
THEREAFTER
Defendants. Action Filed: August 30, 2005

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

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through their respective counsel of record, agree that Plaintiff will file a fifth amended complaint

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by August 30, 2013, and Defendants will file their response to the fifth amended complaint by

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September 30, 2013. The parties further agree that Defendants need not respond to the fourth

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amended complaint filed on July 1, 2013. (ECF No. 70.) Good cause exists to grant this request

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because Plaintiff seeks to correct and clarify various facts and claims in the complaint, and

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Defendants require more time to respond to the complaint.
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Stipulation and Order for Plaintiff to File a Fifth Amended Complaint and For Defendants to Respond to the
Complaint Thirty Days Thereafter (2:05-cv-1512-LKK-GGH)

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Plaintiff filed his fourth amended complaint on July 1, 2013. (ECF No. 70.) The complaint

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named nine Defendants, several of which are the successors to Defendants previously named and

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served in this action. Plaintiff seeks to amend the complaint to clarify who the newly named

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Defendants are intended to replace as permitted under Federal Rule of Civil Procedure 25(d).

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Plaintiff also wishes to clarify other facts asserted in the complaint.

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Defense counsel will require an extension to respond to the fifth amended complaint (or

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fourth amended complaint if the Court denies this request) because of her trial calendar. She is

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currently preparing for trial in the matters Fields v. Junious (E.D. Cal. No. 1:09-cv-1771 DLB)

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and Coston-Moore v. Medina (E.D. Cal. No. 1:06-cv-01183 RC), which are scheduled to start on

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August 5 and 12, respectively. These trials are expected to go forward on the scheduled dates

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because Fields was continued to August 5, so Magistrate Judge Beck could preside over the trial,

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and Judge Collins is coming from Arizona to try Coston-Moore.

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On June 7, when the parties stipulated to the July 31 deadline for Defendants to respond to

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the fourth amended complaint, defense counsel was unaware that she would be in trial on August

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5. Fields was reassigned to Magistrate Beck, and the August 5 trial date was set on June 26. (See

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Fields ECF Nos. 137, 138.) After the Fields and Coston-Moore trials, defense counsel will start

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preparing for trial in McDonald v. Yates (E.D. Cal. No. 1:09-cv-00730 SKO), which is scheduled

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Stipulation and Order for Plaintiff to File a Fifth Amended Complaint and For Defendants to Respond to the
Complaint Thirty Days Thereafter (2:05-cv-1512-LKK-GGH)

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to start on September 17, 2013, in addition to meeting deadlines in her other cases. For these

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reasons, Defendants will require more time than that permitted under Rule 15 to prepare their

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response to the fifth amended complaint.

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IT IS SO STIPULATED.

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Dated: July 31, 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: July 31, 2013

/s/ Joseph D. Elford
JOSEPH D. ELFORD
Attorneys for Plaintiff

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SA2006300949
31746052.doc

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Stipulation and Order for Plaintiff to File a Fifth Amended Complaint and For Defendants to Respond to the
Complaint Thirty Days Thereafter (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 fourth amended and supplemental complaint, filed on July 1, 2013. (See ECF No. 70.)

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Plaintiff shall file his fifth amended complaint by no later than August 30, 2013. Defendants

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shall respond to the fifth amended complaint by no later than September 30, 2013.

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IT IS SO ORDERED.

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DATED: August 13, 2013

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_______________________________________
Gregory G. Hollows
United States Magistrate Judge

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/s/ Gregory G. Hollows

Brod1512.stip-5AC

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Stipulation and Order for Plaintiff to File a Fifth Amended Complaint and For Defendants to Respond to the
Complaint Thirty Days Thereafter (2:05-cv-1512-LKK-GGH)