Lemire et al v. State of California et al

Filing 70

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 2/11/2010 ORDERING that Pltfs shall file their Fifth Amended Complaint by 3/5/2010 and Dfts shall file their response within 14 days. (Engbretson, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

G e ri Lynn Green, (State Bar No. 127709) L A W OFFICES OF GERI LYNN GREEN LC A Law Corporation 1 5 5 Montgomery Street, Suite #901 S a n Francisco, CA 94111 T e le p h o n e : [phone] F a c sim ile : [phone] E m a il: [e-mail] A tto rn e ys for Plaintiffs S H E R IE LEMIRE individually and as personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE E D M U N D G. BROWN JR. A tto rn e y General of the State of California D A V ID A. CARRASCO S u p e rv is in g Deputy Attorney General D IA N A ESQUIVEL, State Bar No. 202954 D e p u ty Attorney General 1 3 0 0 I Street, Suite 125 P .O . Box 944255 S a c ra m e n to , CA 94244-2550 T e le p h o n e : [phone] F a c sim ile : [phone] E -m a il: [e-mail] A tto r n e ys for Defendants Alcaraz, Cahoon, California Department of Corrections and Rehabilitation, Carey, Chua, D u say, Hak, Hicks, Holliday, Martinez, Nuehring, Noriega, Orrick, Schwarzenegger, S is to , Tilton, Traquina, Wade, and Wong

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA S A C R A M E N T O DIVISION S H E R IE LEMIRE individually and a s personal representative for the ESTATE OF ROBERT ST. JOVITE; GERARD CHARLES ST. JOVITE and NICOLE ST. JOVITE P l a i n t if f s , vs. A R N O L D SCHWARZENEGGER, et al. Defendants. ) ) ) ) ) ) ) ) ) ) ) C a s e No. 2:08-CV-00455-GEB-EFB S T IP U L A T IO N AND ORDER TO E X T E N D DEADLINE FOR P L A IN T I F F S TO FILE FIFTH A M E N D E D COMPLAINT AND F O R DEFENDANTS TO FILE R E S P O N S IV E PLEADING

Lemire v. Schwarzenegger Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR FILING OF FIFTH AMENDED COMPLAINT AND RESPONSIVE PLEADING

_____________________________________ 1 2 3 4 5 6 7 8 9

)

P u rsu a n t to Local Rule 143, the parties request an extension of the deadline to file P lain tiff 's Fifth Amended Complaint as follows: By stipulation and order, the trial has been continued to April 19, 2011. (CR 68.) By separate order, dated January 28, 2010, Plaintiffs were ordered to file their Fifth A m e n d e d Complaint by February 17, 2010. (CR 66.) P la in tif f 's counsel, through office staff, notified defense counsel on February 10,

1 0 2 0 1 0 , that a medical condition has necessitated that Ms. Green spend time out of the office 1 1 f o r serious diagnostic tests. Consequently plaintiff's counsel has been unable to devote 12 tim e to the drafting of the Fifth Amended Complaint, and will not be able to prepare the 13 1 4 a m e n d e d complaint by the current deadline. 15 16 17 1 8 re sp o n s e to the amended complaint within fourteen (14) days from the date of filing the 1 9 F if th Amended Complaint, as permitted under Federal Rule of Civil Procedure 15. 20 21 22 g ra n te d until March 5, 2010 to file their Fifth Amended Complaint and that Defendants be Accordingly, it is respectfully requested that the Court order that Plaintiffs be The parties agree to request that this Court extend the deadline for filing the Fifth A m e n d e d Complaint up to and including March 5, 2010. Defendants will file their

2 3 a llo w e d fourteen (14) days thereafter to file their response. 24 25 26 27 28 D a te d : February 11, 2010 Respectfully submitted, LAW OFFICES OF GERI LYNN GREEN LC By: /S/ Geri Lynn Green G e ri Lynn Green (State Bar No. 127709) IT IS SO STIPULATED.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 8 D a te d : February 11, 2010 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. th e amended complaint. Dated: February 11, 2010

A tto r n e ys for Plaintiffs OFFICE OF THE ATTORNEY GENERAL By: /S/ Diana Esquivel A tto rn e ys for Defendants

ORDER Plaintiffs shall file their Fifth Amended Complaint by no later than March 5, 2010, a n d Defendants shall file their response no later than fourteen (14) days after the filing of

GARLAND E. BURRELL, JR. U n i t e d States District Judge

Lemire v. Schwarzenegger Case No. 2:08-CV-00455-GEB-EFB STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE FOR FILING OF FIFTH AMENDED COMPLAINT AND RESPONSIVE PLEADING