Barker v. Hubbard et al

Filing 108

JOINT STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/30/11 ordering defendants' deadline to respond to plaintiff's objections is extended to 12/12/11. (Plummer, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
WILLIAM C. KWONG, State Bar No. 168010
Supervising Deputy Attorney General
ERIN SULLIVAN, State Bar No. 242757
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Foster, Kett, Sweigert,
Reyes, Mizzen, Singh, California Department of
Corrections and Rehabilitation, and the State of
California

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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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WILLIAM BARKER,

Case No. S-08-1160 WBS- CKD (PC)

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v.
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SUSAN HUBBARD, et al.,

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Plaintiff, JOINT STIPULATION EXTENDING
DEADLINE FOR DEFENDANTS’
RESPONSE TO PLAINTIFF’S
OBJECTIONS TO THE MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS; ORDER
Defendants.

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The parties jointly recommend and stipulate that the Court grant Defendants a ten-day

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extension of time to file a response to Plaintiff’s Objections to the Magistrate Judge’s Findings

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and Recommendations. (Docket No. 106.) Under the Court’s Findings and Recommendations

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dated November 1, 2011, Defendants must reply to Plaintiff’s objections within fourteen days of

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service. (Findings and Recommendations at 5.) Plaintiff served his objections to the Magistrate

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Judge’s November 1, 2011 Findings and Recommendations on November 17, 2011. (See Docket

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No. 106.) Therefore, Defendants’ reply to Plaintiff’s objections is due on or before December 1,

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2011.
1
Stip. Re: Deadline for Defs.’ Reply Pl.’s Objs. Mag. Judge’s Findings & Recommendations
W. Barker v. Hubbard, et al.
Case No. C 08-1160 WBS- CKD (PC)

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Through written correspondence, the parties agreed to a ten-day extension of time,
changing Defendants’ deadline to respond to Plaintiff’s objections to December 12, 2011.
Defendants’ counsel needs additional time to adequately review and respond to Plaintiff’s

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claims. Since receiving Plaintiff’s objections on November 17, 2011, Defendants’ counsel has

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been managing a busy case load including, but not limited to, preparing an opposition to

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Plaintiff’s Motion for Partial Summary Judgment (Docket No. 87)—also due on December 1,

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2011. Furthermore, Defendants’ counsel was out of the office for personal reasons and the

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Thanksgiving holiday the week of November 21-25, 2011. Accordingly, Defendants respectfully

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request an extension of time for an additional ten days in which to file a response to Plaintiff’s

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objections, so that it may be filed on or before December 12, 2011. Plaintiff will not be

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prejudiced by granting the request.

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SO STIPULATED.

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Dated:

11/28/11________

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SO STIPULATED.

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Dated: _____________

/s/ Erin Sullivan_______________
ERIN SULLIVAN
California Attorney General’s Office
Counsel for Defendants

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_______________________________
SCOTTLYN J. HUBBARD IV, ESQ.
Disabled Advocacy Group
Counsel for Plaintiff

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Per the parties’ stipulation, IT IS SO ORDERED.
Dated: November 30, 2011
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Stip. Re: Deadline for Defs.’ Reply Pl.’s Objs. Mag. Judge’s Findings & Recommendations
W. Barker v. Hubbard, et al.
Case No. C 08-1160 WBS- CKD (PC)