Chacoan v. Rohrer et al

Filing 112

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 1/7/2010 GRANTING 111 Stipulation and Proposed Order for extension of time to file joint pretrial statement; The parties shall file their Joint Pretrial Statement before noon on 1/12/2010. (Matson, R)

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Edward P. Sangster (SBN 121041) [e-mail] Rachel R. Davidson (SBN 215517) [e-mail] K&L GATES LLP Four Embarcadero Center, Suite 1200 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, Hipolito M. Chacoan IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HIPOLITO M. CHACOAN Plaintiff, vs. DR. ROHRER, et al. Defendants. Case No. CIV.S-05-2276 FCD GGH P STIPULATION AND ORDER TO EXTEND BY TWO COURT DAYS THE DEADLINE FOR FILING JOINT PRETRIAL CONFERENCE STATEMENT

The parties stipulate to extend the deadline for filing the parties' Joint Pretrial Conference Statement by two court days ­ from Friday, January 8, 2010 until Tuesday, January 12, 2010. Pursuant to Local Rule 144(a), counsel request that the Court enter an order approving this stipulation extending time for the following reasons: 1. This matter is currently set for a final pretrial conference on January 15, 2010 at 2:00 p.m. 2. Plaintiff filed a separate pretrial statement on December 31, 2009. 3. Local Rule 281(a)(2) requires the filing of a joint statement by January 8, 2010. Counsel have been advised by the Court's deputy that defendants need not file separate pretrial statements.

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STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING JOINT PRETRIAL STATEMENT CASE NO.: CIV S-05-2276 FCD GGH P

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4. Since Plaintiff filed his separate pretrial statement, one of the defense counsel (Mr. Pass) has been out of the office, initially on vacation, but recently due to illness. Thus, until today he has not been available to prepare a joint statement. 5. One of the Plaintiff's counsel (Mr. Sangster) and one defense counsel (Mr. Pass) will be out of the office and unavailable on Thursday and Friday. In the case of Mr. Sangster, his absence is for the purpose of taking two vacation days. In addition, the paralegal working on the case for Plaintiff's counsel (Ms. Yates) has been selected for jury duty, which will render her unavailable on Thursday and Friday this week. Ms Yates would have coordinated assembly and preparation of the joint pretrial statement, if she were available. 6. All counsel have been working cooperatively on this matter, and it is their collective objective to prepare a meaningful joint pretrial statement that will expedite the Court's pretrial planning process. Due to the absences of counsel and the paralegal for Plaintiff's counsel, it will not be possible to complete that process by Friday without cancellation of a brief vacation (in the case of Mr. Sangster) or rescheduling of other commitments (in the case of Mr. Pass). 7. Accordingly, counsel request that the deadline for filing the parties' Joint Pretrial Statement be extended by two court days, until noon on January 12, 2010. SO STIPULATED Dated: January 6, 2010 By: /s/ Edward P. Sangster Edward P. Sangster [e-mail] Rachel R. Davidson [e-mail] K&L Gates LLP Attorneys for Plaintiff

Dated: January 6, 2010

By: /s/ Stephen C. Pass Stephen C. Pass [e-mail] Deputy Attorney General 2

STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING JOINT PRETRIAL STATEMENT CASE NO.: CIV S-05-2276 FCD GGH P

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 7, 2010 Dated: January 6, 2010 By:

Attorneys for Defendants Tessie Rallos, M.D., Daniel Thor, M.D., Ph.D, and Alvaro Traquina, M.D.

/s/ Martha Stringer Kathleen J. Williams [e-mail] Martha Stringer [e-mail] Williams & Associates Attorneys for Defendant Binoye Naku, M.D.

IT IS SO ORDERED. The parties shall file their Joint Pretrial Statement before noon on January 12, 2010.

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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STIPULATION AND ORDER TO EXTEND DEADLINE FOR FILING JOINT PRETRIAL STATEMENT CASE NO.: CIV S-05-2276 FCD GGH P