Hecker v. California Department of Corrections and Rehabilitation et al

Filing 119

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 05/05/14 ordering the parties hereby stipulate to the extending of any deadline for plaintiff's to renew their motion to lift the stay until 06/06/14. (Plummer, M)

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1 CLAUDIA CENTER – 158255 THE LEGAL AID SOCIETY 2 – EMPLOYMENT LAW CENTER 180 Montgomery Street, Suite 600 3 San Francisco, California 94104-4244 Telephone: (415) 864-8848 4 Facsimile: (415) 864-8199 Email: ccenter@las-elc.org 5 6 7 MICHAEL W. BIEN – 096891 ERNEST GALVAN – 196065 8 BLAKE THOMPSON – 255600 ROSEN BIEN GALVAN & 9 GRUNFELD LLP 315 Montgomery Street, Tenth Floor 10 San Francisco, California 94104-1823 Telephone: (415) 433-6830 11 Facsimile: (415) 433-7104 Email: mbien@rbgg.com egalvan@rbgg.com 12 bthompson@rbgg.com 13 Attorneys for Plaintiffs 14 Kamala D. Harris Attorney General of California Jay C. Russell - 122626 Supervising Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, California 94244-2550 Telephone: (916) 324-5345 Facsimile: (916) 324-5205 Email: jay.russell@doj.ca.gov Attorneys for Defendants 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 17 18 ROBERT HECKER, et al., Plaintiffs, 19 20 Case No. 2:05-CV-02441 LKK DAD JOINT STIPULATION AND ORDER EXTENDING DEADLINES v. Judge: Hon. Lawrence K. Karlton 21 CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, 22 et al., 23 Trial Date: Not Set Defendants. 24 25 26 27 28 [1173144-1] JOINT STIPULATION AND ORDER EXTENDING DEADLINES 1 WHEREAS, this action is proceeding on Plaintiffs’ second amended complaint, 2 filed October 20, 2006; 3 WHEREAS, the action was stayed by order filed March 15, 2007; 4 WHEREAS, Plaintiffs filed a motion to lift the stay on September 19, 2012; 5 WHEREAS, on October 19, 2012, the Court denied Plaintiffs’ motion without 6 prejudice to its renewal, as appropriate, not later than March 1, 2013, and the parties were 7 directed to meet and confer on four topics related to the resolution of issues disputed in this 8 matter within the Coleman v. Brown, Case No. 90-cv-520-LKK-JFM (E.D. Cal.) 9 (“Coleman”) remedial process (ECF No. 102); 10 WHEREAS, on March 1, 2013, Plaintiffs filed a renewed motion to lift the stay; 11 WHEREAS, on April 12, 2013, the Court denied Plaintiffs’ motion “without 12 prejudice to its renewal, as appropriate, not later than September 5, 2013” (ECF No. 107); 13 WHEREAS, also on April 12, 2013, the Court ordered the parties to continue to 14 meet and confer on the four topics, and to complete the meet and confer by August 16, 15 2013; 16 WHEREAS, also on April 12, 2013, the Court ordered that any renewed Plaintiffs’ 17 motion to lift the stay be “accompanied by a joint report by the parties and approved by the 18 Coleman special master” addressing the four topics; 19 WHEREAS, the parties met and conferred on the four topics within the deadline set 20 forth by the Court, and memorialized their meet and confer in a Joint Status Report that 21 was approved and reviewed by Special Master Matthew Lopes and filed with the Court on 22 September 5, 2013; 23 WHEREAS, on September 13, 2013, per the parties’ stipulation dated September 5, 24 2013, the Court ordered that the deadline for Plaintiffs’ motion to lift the stay be extended 25 to December 31, 2013; 26 WHEREAS, while the parties have negotiated regarding a resolution of the case, 27 that deadline was extended by the Court to February 28, 2014 and then to May 2, 2014; 28 [1173144-1] 1 JOINT STIPULATION AND ORDER EXTENDING DEADLINES 1 WHEREAS, the parties are continuing to make progress with the assistance of the 2 Coleman Special Master on certain disputed issues in this case; 3 WHEREAS, the parties wish to continue their efforts and to provide a short 4 extension of the current deadline; 5 THEREFORE, the parties hereby stipulate to the extending of any deadline for 6 Plaintiffs to renew their motion to lift the stay until June 6, 2014. 7 IT IS SO STIPULATED. 8 9 Dated: May 1, 2014 ROSEN BIEN GALVAN & GRUNFELD LLP 10 12 /s/ Michael Bien Michael W. Bien Ernest Galvan Blake Thompson 13 Attorneys for Plaintiffs 11 14 15 16 17 18 Dated: May 1, 2014 OFFICE OF THE ATTORNEY GENERAL /s/ Jay Russell Jay Russell Attorneys for Defendants 19 20 21 22 23 24 25 26 27 28 [1173144-1] 2 JOINT STIPULATION AND ORDER EXTENDING DEADLINES ORDER 1 2 3 IT IS SO ORDERED. 4 5 Dated: May 5, 2014 6 7 8 /heck2441.stp5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [1173144-1] 3 JOINT STIPULATION AND ORDER EXTENDING DEADLINES

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