Rodriguez v. Tilton, et al

Filing 231

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 1/15/16 ordering that based on the parties stipulation and good cause appearing, the request is granted and the parties are to file a joint status report on or before 2/03/16. (Plummer, M)

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THOMAS A. WOODS (SB #210050)
[e-mail]
STOEL RIVES LLP
500 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
LUIS VALENZUELA RODRIGUEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LUIS VALENZUELA RODRIGUEZ,

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Plaintiff,
v.

Case No. 2:08-cv-01028-GEB-AC
STIPULATION AND [PROPOSED]
ORDER RE REQUEST TO EXTEND
TIME TO FILE JOINT STATUS REPORT

JAMES TILTON, et al.,
Defendants.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION AND [PROPOSED] ORDER
RE REQUEST TO EXTEND TIME
81013885.1 0099820-08060

2:08-CV-01028-GEB-AC

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The current deadline for the parties to file their joint status report is January 18, 2016.
(Docket No. 229).1

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The deadline for the parties to file their joint status report has been extended by stipulation

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and order previously, mainly because Plaintiff’s recently appointed pro bono counsel received the
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case file the day before the Thanksgiving holiday and counsel has needed time, particularly with

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ensuing holidays, to: meet and confer with Plaintiff who is incarcerated, and review the

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voluminous file, pleadings and court docket in this case that has been pending since 2008.

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Plaintiff’s pro bono counsel has worked diligently to complete his review, has met and conferred

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telephonically with Plaintiff numerous times, met and conferred with opposing counsel
telephonically, and, this week, completed his review and assessment of the case and file pursuant

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to the Court’s Order Appointing Pro Bono Counsel, dated November 4, 2015. (Docket No. 225).
Although the file has been reviewed, Plaintiff’s pro bono counsel has not had an

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opportunity to discuss with Plaintiff (who is incarcerated in San Diego County) the outcome of

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counsel’s review and recommendations for next steps. Plaintiff’s pro bono counsel has arranged

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to speak with Plaintiff, who has limited access to telephones, during the week of January 18, 2016

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to discuss the case and counsel’s assessment of the file. Plaintiff’s pro bono counsel, however,

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understands that it is only proper for him to discuss Plaintiff’s case with Plaintiff before counsel
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discusses the same with the Court and opposing counsel.
For these reasons, the parties have stipulated to and request a short extension to February

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3, 2016, to ensure that Plaintiff’s pro bono counsel has adequate opportunity to discuss the case

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with his client the week of January 18, 2016, and then file their joint status report. No trial date

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has been set in this case.

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

At the time they prepared and submitted their last Stipulation extending the joint status report deadline to January
18, 2016, the parties neglected to appreciate that Monday, January 18, 2016 is a federal and office holiday.

STIPULATION AND [PROPOSED] ORDER
RE REQUEST TO EXTEND TIME
81013885.1 0099820-08060

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2:08-CV-01028-GEB-AC

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DATED: January 14, 2016

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STOEL RIVES LLP

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By: /s/ Thomas A. Woods
THOMAS A. WOODS
Attorneys for Plaintiff
LUIS VALENZUELA RODRIGUEZ

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DATED: January 14, 2016
WILLIAMS & ASSOCIATES

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By: /s/ Matthew Ross Wilson
(as authorized on January 14, 2016)
MATTHEW ROSS WILSON
Attorneys for Defendants
STOREY, GALLOWAY, DAVIS,
VILLALVA, PEIRI, SMITH, ZIEBERT,
HAMILTON, SANTOS, CHAVEZ,
LINDE, BUENO, WOHLERS,
BRIMHALL, JOHNSON, POWELL,
TAYLOR, RODGERS, MOLIN (sued
herein as “Mullen”), AYERS (TUCKER)
and REYES

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION AND [PROPOSED] ORDER
RE REQUEST TO EXTEND TIME
81013885.1 0099820-08060

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2:08-CV-01028-GEB-AC

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[PROPOSED] ORDER

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Based on the parties’ stipulation, and good cause appearing, IT IS HEREBY ORDERED
that the request is granted and the parties are to file a joint status report on or before February 3,

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2016.
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IT IS SO ORDERED.
DATED: January 15, 2016

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S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

STIPULATION AND [PROPOSED] ORDER
RE REQUEST TO EXTEND TIME
81013885.1 0099820-08060

-3-

2:08-CV-01028-GEB-AC