Prater v. Kramer et al

Filing 126

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 8/12/11 ORDERING Jury Trial CONTINUED to 9/26/2011 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Meuleman, A)

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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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SECOND 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:
August 22, 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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///

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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

SECOND STIPULATION TO CONTINUE JURY TRIAL DATE

SF:27486183.1

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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, counsel of record for Plaintiff, Rebecca Woodson, is unable to continue

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representation of Plaintiff. Attorney Natasha Sumner filed a designation of counsel on August

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11, 2011 substituting in for Ms. Woodson. Attorney Pat Malone is currently seeking admittance

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to the Eastern District, and will substituted in to the above-entitled matter.

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WHEREAS Plaintiff’s counsel seeks a second continuance to allow sufficient time for
Ms. Sumner and Mr. Malone prepare for trial.
WHEREAS, Plaintiff’s counsel is attempting to contact Plaintiff’s treating physician, Dr.

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Renee Lauritzen. Plaintiff’s counsel submitted a signed authorization for records to Dr.

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Lauritzen’s office on July 18, 2011 and is awaiting receipt of records.

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WHEREAS, Defense counsel has just recently requested a signed authorization from

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Plaintiff to obtain CDCR records for use at trial. Plaintiff’s counsel will request signature at the

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next scheduled meeting with Plaintiff on August 19, 2011. Counsel for both parties request a

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continuance to insure adequate time to receive and review said records.

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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 September 26, 2011, 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
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SF:27486183.1

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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 August 22, 2011, shall be continued to the week of September 26, 2011, or

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shortly thereafter to a date specified by the Court. Plaintiff’s counsel is unavailable September

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19-23, 2011.

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Dated:

August 12, 2011

Respectfully submitted,

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MCKENNA LONG & ALDRIDGE LLP

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/s/ Natasha v. Sumner

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STAN W. LANDFAIR
NATASHA V. SUMNER
Attorneys for Plaintiff
Christopher Kyle Prater

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Dated:

August 12, 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 date of August 24, 2011, is vacated,

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and trial is set for September 26, 2011, at 9:00.

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Dated: August 12, 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:27486183.1