Rodriguez v. Tilton, et al

Filing 233

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/03/16 ordering that the request is granted and the parties are to file a joint status report on or before 3/04/16. (Plummer, M)

1
2
3
4
5

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

6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

SACRAMENTO DIVISION

11

LUIS VALENZUELA RODRIGUEZ,

12
13
14
15

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.

16
17
18
19
20
21
22
23
24
25
26
27
28
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

1

The current deadline for the parties to file their joint status report is February 3, 2016.

2

(Docket No. 230). Counsel for the parties have worked cooperatively to date and have even

3

discussed grounds for potential amendment of the operative pleadings. Stipulation Exhibit 1

4

corroborates that cooperation and shows recent unexpected developments giving rise to this

5

Stipulation.

6

This request for a 30-day continuance of the joint status report filing deadline is made now

7

because counsel for the parties were only able to confirm as recently as yesterday (February 2,

8

2016) that incarcerated Plaintiff Luis Rodriguez was recently, unexpectedly hospitalized on

9

January 24, 2016 as an in-patient at TriCity Hospital in San Diego. Plaintiff’s counsel had been

10

curious as to why Plaintiff had not contacted counsel on expected dates to discuss his case -- this

11

hospitalization is the reason why discussions have not been possible. Reports are that the

12

hospitalization may last as long as two weeks from February 1, 2016.

13

The February 3, 2016 joint status report submission date had been deliberately selected by

14

Plaintiff’s counsel because: 1) Plaintiff was not hospitalized at the time the last request for an

15

extension was made, this hospitalization was not expected, thus discussions with Plaintiff

16

concerning his case were set and possible, and 2) Plaintiff’s counsel commences a three week

17

period of leave from February 5, 2016 through February 29, 2016. The plan and intent was to

18

complete discussions with Plaintiff and submit the Joint Statement prior to Plaintiff’s counsel’s

19

leave beginning February 5. With these recent unexpected developments preventing completion

20

of discussion with Plaintiff and meet-and-confer on a preparation of a complete Joint Statement, it

21

is not possible for counsel for the parties to meet the February 3, 2016 deadline.

22
23

For these reasons, the parties request a 30 day continuation of the deadline to complete the
Joint Status Report, until March 4, 2016.

24
25

Although the file has been reviewed, Plaintiff’s pro bono counsel has not had a full and

26

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

27

outcome of counsel’s review and recommendations for next steps. Plaintiff’s pro bono counsel

28

has arranged to speak with Plaintiff, who has limited access to telephones. Counsel anticipates

S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

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

-1-

2:08-CV-01028-GEB-AC

1

that a 30-day continuance will accommodate Plaintiff’s and Plaintiff’s counsel’s schedules to

2

complete the joint statement.

3

For these reasons, the parties have stipulated to and request an extension to March 4,

4

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

5

his client. No trial date has been set in this case.

6
7

DATED: February 3, 2016

8

STOEL RIVES LLP

9
10

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

11
12
13

DATED: February 3, 2016

14

WILLIAMS & ASSOCIATES

15
16

By: /s/ Matthew Ross Wilson
(as authorized on February 3, 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

17
18
19
20
21
22
23
24
25
26
27
28
S TOEL R IVES LLP
ATTORNEYS AT LAW
SACRAMENTO

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

-2-

2:08-CV-01028-GEB-AC

1

[PROPOSED] ORDER

2
3

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 March 4,

4
2016.
5
6
7

IT IS SO ORDERED.
DATED: February 3, 2016

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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