Mitchell v. Felker et al

Filing 199

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/21/2013 ORDERING 192 MOTION to STRIKE and 195 MOTION to SHORTEN TIME are DENIED; defendants shall file oppositions to plaintiff' motions for preliminary injunction and class certif ications on or before 7/1/2013; plaintiffs shall file their replies to defendants' opposition briefs on or before 7/22/2013; the 6/12/2013 hearing on plaintiffs' 155 motions for preliminary injunction and 156 class certification on 6/12/2013 is CONTINUED to 8/14/2013 at 10:00 a.m. in Courtroom #8.(Waggoner, D) Modified on 5/21/2013 (Hinkle, T).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT MITCHELL, et al.,
Plaintiffs,

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vs.

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No. 2:08-cv-1196 TLN EFB P

T. FELKER, et al.,
Defendants.

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/

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ORDER

Plaintiffs are state prisoners proceeding with counsel in an action brought under 42

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U.S.C. § 1983. Currently pending before the court are plaintiffs’ motions for preliminary

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injunction and class certification, both filed on March 5, 2013. Dckt. Nos. 155, 156. On March

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20, 2013, the court granted defendants an extension of time until May 31, 2013 to oppose the

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motions. Dckt. No. 176. The court rescheduled the hearing date for the motions to June 12,

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2013. Id.

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Without explanation, plaintiffs filed additional declarations in support of their motions

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for preliminary injunction and class certification on May 15, 2013, over two months after the

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motions were filed. Dckt. Nos. 187-191. These five declarations, with exhibits, total over 400

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pages and include expert reports. Id. Defendants move to strike the declarations and to shorten

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time to hear the motion to strike. Dckt. Nos. 92, 95.
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Both the motion to strike and the motion to shorten time are denied. However, the court

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is mindful of the difficulty defendants face in responding to the voluminous new material within

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sixteen days (the time between the filing of the new declarations and the current date defendants’

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opposition briefs are due). Accordingly, the court will extend the time for defendants to file

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their oppositions to plaintiffs’ motions for preliminary injunction and class certification until

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July 1, 2013. Plaintiffs shall file their reply briefs on or before July 22, 2013. The hearing on

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the motions, currently set for June 12, 2013, will be continued to August 14, 2013. The court

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will look with disfavor on further late filings or requests to modify this schedule.

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Accordingly, it is hereby ORDERED that:

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1. Defendants’ motions to strike and shorten time (Dckt. Nos. 92 and 95) are denied.

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2. Defendants shall file oppositions to plaintiffs’ motions for preliminary injunction and

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class certification on or before July 1, 2013.

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3. Plaintiffs shall file their replies to defendants’ opposition briefs on or before July 22,
2013.
4. The June 12, 2013 hearing on plaintiffs’ motions for preliminary injunction and class

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certification (Dckt. Nos. 155 and 156) on June 12, 2013 is continued to August 14, 2013 at 10:00

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a.m. in Courtroom No. 8.

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DATED: May 21, 2013.

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