Prater v. Kramer et al

Filing 120

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/6/2011 119 Jury Trial RESET for 8/22/2011 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Reader, L)

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STANLEY W. LANDFAIR (BAR NO. 160003)
[e-mail]
REBECCA L. WOODSON (BAR NO. 194191)
[e-mail]
NATASHA SUMNER (BAR NO. 232443)
[e-mail]
McKENNA LONG & ALDRIDGE LLP
101 California Street
41st Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
CHRISTOPHER KYLE PRATER

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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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CHRISTOPHER KYLE PRATER,
Plaintiffs,

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STIPULATION TO CONTINUE JURY
TRIAL DATE

v.

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CASE NO. 2:06-CV-01993 KJM-GGH (PC)

MTA OLIVER, et al.,
Defendants.

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Date:
July 11, 2011
Time:
9:00 a.m.
Courtroom: 715
Judge:
Kimberly J. Mueller
[E.D. Cal. R. 143 (Fed. R. Civ. P. 83)]

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The undersigned parties, by and through their respective counsel of record, hereby

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stipulate as follows:

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M C K ENNA L ONG &
A LDRIDGE LLP
A T TORNE YS A T L A W
S A N F RA NCISC O

STIPULATION TO CONTINUE JURY TRIAL DATE

SF:27479607.1

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STIPULATION

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WHEREAS, pursuant to an order issued by the above-entitled Court, counsel for Plaintiff

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CHRISTOPHER KYLE PRATER (“Mr. Prater” or “Plaintiff”) was assigned to the instant matter

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on June 6, 2011.

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WHEREAS, immediately thereafter, Plaintiff’s counsel submitted the matter internally for

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approval; said approval being given, and a pro bono billing number assigned on June 21, 2011,

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allowing counsel to begin work on the matter.

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WHEREAS, Plaintiff’s counsel has not yet been able to schedule a meeting with Mr.
Prater despite several telephone calls and a brief conversation with “Tami,” Legal Visiting

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Coordinator, 707-451-0182 ex. 5752, at CSP, Solano, where Mr. Prater is currently incarcerated.

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WHEREAS, Plaintiff’s counsel has prepared an engagement letter for Mr. Prater’s

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signature. Said engagement letter has been forwarded internally to counsel’s conflicts

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department, as required by counsel’s internal new matter and pro bono policies, and has not yet

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been cleared for mailing to Mr. Prater for signature.

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WHEREAS, Plaintiff’s counsel has contacted Mr. Prater’s treating physician, Dr. Renee
Lauritzen, who states she will be out of state on July 11, 2011 and unable to attend trial.
WHEREAS, Plaintiff’s counsel has prepared medical release forms from Dr. Lauritzen’s

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office for Mr. Prater’s signature, and expect to obtain said signature at counsel’s in-person

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meeting with Mr. Prater.

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WHEREAS, counsel for the parties have met and conferred concerning a continuance of

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the trial date in this matter, and confirmed, to the best of counsel’s knowledge, that witnesses to

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be called by the parties will be available for trial testimony the week of August 22, 2001, or

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shortly thereafter.

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WHEREAS, the parties shall continue their efforts to settle this matter pending trial.

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M C K ENNA L ONG &
A LDRIDGE LLP

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A T TORNE YS A T L A W
S A N F RA NCISC O

SF:27479607.1

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NOW THEREFORE, IN LIGHT OF THE RECITALS ABOVE IT IS HEREBY

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STIPULATED, by and among the parties through their undersigned counsel, that the present trial

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date in this matter of July 11, 2011, shall be continued to the week of August 22, 2011, or shortly

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thereafter to a date specified by the Court.

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Dated:

July 1, 2011

Respectfully submitted,

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MCKENNA LONG & ALDRIDGE LLP

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/s/ Rebecca L. Woodson

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STAN W. LANDFAIR
REBECCA L. WOODSON
Attorneys for Plaintiff
Christopher Kyle Prater

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Dated:

July 1, 2011

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Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
ALBERTO L. GONZALEZ
Supervising Deputy Attorney General

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/s/ John Padrick

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JOHN PADRICK
Deputy Attorney General
Attorneys for Defendant
Paramvir Sahota, M.D.

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Good cause appearing, IT IS ORDERED that the trial in this matter is continued to

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August 22, 2011.

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Dated: July 6, 2011.

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UNITED STATES DISTRICT JUDGE

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M C K ENNA L ONG &
A LDRIDGE LLP

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A T TORNE YS A T L A W
S A N F RA NCISC O

SF:27479607.1