Watson v. Sisto, et al

Filing 79

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 07/28/09 ordering the hearing of the CDCR defendants' motion to dismiss 67 is continued to 08/13/09 at 10:00 a.m. in courtroom 24. (Plummer, M) Modified on 7/28/2009 (Plummer, M).

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James P. Baker (SBN 96302) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104-1500 Telephone: [phone] Facsimile: 415.875.5700 [e-mail] Attorneys for Plaintiff NYLES LAWAYNE WATSON

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

NYLES LAWAYNE WATSON, Plaintiff, v. DENNIS K. SISTO, ALVARO C. TRAQUINA, M.D., RICHARD TAN, M.D., JASON ROHRER, M.D., ALFREDO NORIEGA, M.D., BINOYE NAKU M.D., CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, CALIFORNIA STATE PRISON ­ SOLANO, AND DOES 1-5 Defendants.

Case No. CIV S-07-1871 LKK GGH P STIPULATION AND ORDER CONTINUING HEARING OF DEFENDANTS' MOTION TO DISMISS Date: Time: Dept: Trial Date: Action Filed: August 6, 2009 10:00 A.M. 24, 8th Floor N/A September 10, 2007

Plaintiff Nyles Lawayne Watson, Defendant Binoye Naku, M.D. ("Defendant Dr. Naku"), and Defendants Alfredo Noriega, M.D., Jason Rohrer, M.D., Dennis K. Sisto, Richard Tan, M.D., Alvaro C. Traquina, M.D., California Department of Corrections and Rehabilitation, and California State Prison ­ Solano (collectively, the "CDCR Defendants") file this Stipulation and [Proposed] Order Continuing Hearing of Defendants' Motion to Dismiss as follows: WHEREAS, the hearing of Defendant Dr. Naku's Motion to Dismiss and the CDCR Defendants' Motion to Dismiss is currently scheduled for August 6, 2009;
STIP. AND [PROPOSED] ORDER CONTINUING HEARING OF DFTS' MOTION TO DISMISS CIV S-07-1871 LKK GGH P

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WHEREAS, Plaintiff's Notice of Voluntary Dismissal of His First Claim Against the Institutional Defendants and His Third Claim Against The Individual Defendants In Their Individual Capacity rendered Defendant Dr. Naku's Motion to Dismiss moot; WHEREAS, a conflicting professional commitment has arisen on Plaintiff's counsel's calendar on August 6, 2009 and the parties have agreed to continue the hearing of the CDCR Defendants' Motion to Dismiss to August 13, 2009; /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -2STIP. AND [PROPOSED] ORDER CONTINUING HEARING OF DFTS' MOTION TO DISMISS CIV S-07-1871 LKK GGH P

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THE PARTIES HEREBY STIPULATE THAT: 1. The hearing of the CDCR Defendants' Motion to Dismiss is continued to

August 13, 2009 at 10:00 a.m. in Courtroom 24. Dated: July 28, 2009 Respectfully submitted, JONES DAY By: /s/ James P. Baker James P. Baker Attorneys for Plaintiff NYLES LAWAYNE WATSON Dated: July 28, 2009 Respectfully submitted, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA By: /s/ Catherine Woodbridge Guess (as authorized on July 23, 2009) Catherine Woodbridge Guess, Deputy Attorney General Attorneys for Defendants JASON ROHRER, M.D., ALFREDO NORIEGA, M.D., RICHARD TAN, M.D., DENNIS K. SISTO, ALVARO C. TRAQUINA, M.D., CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, AND CALIFORNIA STATE PRISON ­SOLANO Dated: July 28, 2009 Respectfully submitted, WILLIAMS & ASSOCIATES By: /s/ Kathleen J. Williams (as authorized on July 22, 2009) Kathleen J. Williams Attorneys for Defendant BINOYE NAKU, M.D. IT IS SO ORDERED. Dated: July 28, 2009 Wats1871.eot3 /s/ Gregory G. Hollows The Honorable Gregory G. Hollows United States District Magistrate Judge
STIP. AND [PROPOSED] ORDER CONTINUING HEARING OF DFTS' MOTION TO DISMISS CIV S-07-1871 LKK GGH P

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