Barker v. Hubbard et al

Filing 197

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/5/14. The parties shall have an additional 60 days, or until August 5, 2014, to file a Stipulation and Proposed Order for Dismissal of the above-captioned matter in its entirety.(Dillon, M)

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Scottlynn J Hubbard IV, SBN 212970
DISABLED ADVOCACY GROUP, APLC
12 Williamsburg Lane
Chico, CA 95926
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiff William Barker
KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
JAY RUSSELL, State Bar No. 122626
Supervising Deputy Attorney General
KATHLEEN BOERGERS, State Bar No. 213530
Deputy Attorney General
1515 Clay Street, 20th Floor
Oakland, CA 94612
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

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Attorneys for Defendants
State of California and CDCR
The United States District Court

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Eastern District Of California

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William Barker,

) Case No. 2:08-cv-1160 WBS-CKD
)
Plaintiff,
) Second Joint Stipulation to Extend
) the Time to File Stipulation and
vs.
) Proposed Order for Dismissal
)
California Department of Corrections )
and Rehabilitation, et al.,
)
)
Defendants.
)
)
)
Barker v. Hubbard, et al., Case No. 2:08-cv 1160 WBS-CKD
Second Joint Stipulation to Extend the Time to File Dismissal

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1.

It is hereby stipulated by and between Plaintiff William Barker

(“Plaintiff”) and Defendants State of California and CDCR (“Defendants”),
through their respective counsel, that the parties shall have an additional sixty
days or until August 5, 2014, to file a Stipulation and Proposed Order for
Dismissal of the above-captioned matter in its entirety.
2.

On June 3, 2014, plaintiff’s counsel contacted Ms. Kathleen

Boergers, defendants’ counsel, to inquire the status on the settlement funds
given that the deadline to file the dismissal of this matter is quickly
approaching. Ms. Boergers immediately responded and informed plaintiff’s
counsel that the payment is being processed.
3.

Further, as Defendants are aware, Plaintiff is not willing to dismiss

his case until the funds have been received.
4.

THEREFORE, the parties have stipulated to and jointly request

that the Court approve an additional extension of time for Plaintiff and
Defendants to file a Stipulation and Proposed Order for Dismissal of the abovecaptioned matter in its entirety.
Dated: June 4, 2014

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DISABLED ADVOCACY GROUP, APLC
/s/ Scottlynn J Hubbard IV
Scottlynn J Hubbard IV
Attorney for Plaintiff William Barker

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Dated: June 4, 2014

/s/ Kathleen Boergers
California Attorney General’s Office
Counsel for Defendants State of California and
CDCR

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Barker v. Hubbard, et al., Case No. 2:08-cv 1160 WBS-CKD
Second Joint Stipulation to Extend the Time to File Dismissal

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ORDER

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1.

The parties have submitted a stipulation and request to the Court

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that the parties be allowed additional time to file a Stipulation and Proposed

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Order for Dismissal of the above-captioned matter in its entirety.

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2.

Good cause appearing, the extension is approved, and the parties

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shall have an additional sixty (60) days, or until August 5, 2014, to file a

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Stipulation and Proposed Order for Dismissal of the above-captioned matter in

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its entirety.

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IT IS SO ORDERED.
Dated: June 5, 2014
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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Barker v. Hubbard, et al., Case No. 2:08-cv 1160 WBS-CKD
Second Joint Stipulation to Extend the Time to File Dismissal

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