Graham v. Runnels, et al

Filing 94

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 02/23/12 ordering the deadline for defendants to file or re-notice any dispositve motion shall be extended until 03/29/12. Plaintiff's opposition shall be due on or before 05/01/12, and defendants' reply shall be due on or before 05/17/12. The hearing on defendants' dispositive motion shall be held on 05/24/12 at 10:00 a.m. The court will not consider any further requests for extension of time. (Plummer, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
THOMAS S. PATTERSON, State Bar No. 202890
Supervising Deputy Attorney General
JAIME M. GANSON, State Bar No. 230206
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Kopec and Martin

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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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LEVON GRAHAM,

2:07-cv-2291 GGH P

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v.
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D. L. RUNNELS, ET AL.,

Plaintiff, FOURTH STIPULATION, REQUEST TO
MODIFY THE SCHEDULING ORDER,
AND [PROPOSED] ORDER EXTENDING
DEFENDANTS’ DEADLINE FOR FILING
DISPOSITIVE MOTION
Defendants.

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REQUEST TO MODIFY THE SCHEDULING ORDER
A scheduling order may be modified upon a showing of good cause, Fed. R. Civ. P. 16(b).

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Good cause exists when the deadline cannot be met despite due diligence. Johnson v. Mammoth

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Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

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This Court previously modified the scheduling order, upon the parties’ stipulation, to

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extend the Plaintiff’s deadline for taking depositions to November 9, 2011, and Defendants’

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dispositive motion deadline to November 23, 2011. (ECF No. 83.) The remaining depositions

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were completed, and the parties indicated to the Court Reporter which portions of the transcripts

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should be designated as confidential. While this process was ongoing, the Court again modified

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the scheduling order, upon the parties’ stipulation, to extend the Defendants’ dispositive motion
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Fourth Stipulation, Request to Modify the Scheduling Order, and [Proposed] Order (2:07-cv-2291 GGH P)

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deadline to December 22, 2011, to accommodate the completion of the deposition transcripts.

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(CD 89.)

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The non-party deponents have not yet reviewed and returned the transcripts, and this

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process is taking longer than anticipated. Defendants intend to include testimony from these

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deposition transcripts in their motion for summary judgment. But, because the transcripts are not

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yet finalized, Defendants cannot complete their dispositive motion before the current February

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24, 2012 deadline. The parties, therefore, request that the Court extend the deadline for

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Defendants to file a dispositive motion to March 29, 2012.

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STIPULATION

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The parties, through their respective counsel of record, stipulate that:

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1.

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The deadline for Defendants to file or re-notice any dispositive motion shall be

extended until March 29, 2012;
2.

Plaintiff’s opposition to Defendants’ dispositive motion shall be due on or before

May 1, 2012;
3.

Defendants’ reply in support of their dispositive motion shall be due on or before

May 17, 2012; and
4.

The hearing on Defendants’ dispositive motion shall be held on May 24, 2012.

Dated: February 22, 2012

/s/ Brendan K. Kelleher
Brendan K. Kelleher
LATHAM & WATKINS LLP
Attorneys for Plaintiff Levon Graham

Dated: February 22, 2012

/s/ Jaime M. Ganson
Jaime M. Ganson
Deputy Attorney General
Attorney for Defendants Martin and Kopec

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SA2008305081
31411357.doc

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Fourth Stipulation, Request to Modify the Scheduling Order, and [Proposed] Order (2:07-cv-2291 GGH P)

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ORDER

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Good cause shown, the deadline for Defendants to file or re-notice any dispositive motion

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shall be extended until March 29, 2012. Plaintiff’s opposition shall be due on or before May 1,

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2012, and Defendants’ reply shall be due on or before May 17, 2012. The hearing on

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Defendants’ dispositive motion shall be held on May 24, 2012, at 10:00 a.m.

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The court will not consider any further requests for extension of time.

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IT IS SO ORDERED.

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Dated: February 23, 2012

/s/ Gregory G. Hollows
______________________________
U.S. MAGISTRATE JUDGE

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Grah2291.stp4

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Fourth Stipulation, Request to Modify the Scheduling Order, and [Proposed] Order (2:07-cv-2291 GGH P)