Jayne v. Bosenko et al

Filing 169

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 2/25/2015 EXTENDING the pretrial statement deadline; plaintiff's pretrial statement is due on or before 3/16/2015, defendants pretrial statement shall be filed no later than 30 days after the filing of plaintiff's statement. (Yin, K) Modified on 2/26/2015 (Yin, K).

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King Hall Civil Rights Clinic
Carter C. White, SBN 164149
U.C. Davis School of Law
One Shields Avenue, Bldg. TB-30
Davis, CA 95616-8821
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
Michael Aaron Jayne

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Michael Aaron Jayne,

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Plaintiff,
vs.
Tom Bosenko, et al.,
Defendants.

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Case No.: 2:08-cv-2767-TLN-EFB P
STIPULATION AND [PROPOSED]
ORDER TO EXTEND FILING DATE OF
PLAINTIFF’S PRETRIAL STATEMENT

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Pursuant to Local Rule 143 the parties ask the Court to extend the date by when the

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Plaintiff must file his pretrial statement for an additional thirty (30) days, from the original date

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of February 13, 2015 to the proposed date of March 16, 2015. Good cause exists for this

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extension as explained below.

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STIPULATION AND [PROPOSED] EXTENSION FOR PRETRIAL STATEMENT 2:08-cv-02767-TLN-EFB

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A scheduling order may be modified upon a showing of good cause. Good cause exists

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when the moving party demonstrates that it cannot meet the schedule despite exercising due

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diligence. Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992).

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Despite the exercise of due diligence, the Plaintiff requires an extension of time to file the

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pretrial statement. The Plaintiff is represented by the UC Davis Civil Rights Clinic (Clinic). In

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the course of reviewing and cataloguing over three large boxes of case materials, as well as

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electronic documents, the students assigned to the Plaintiff’s case found that the discovery files

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were incomplete and potentially missing documents crucial to the Plaintiff’s argument. Mr.

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White and the Clinic have been working with opposing counsel to obtain these missing

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documents.
Additionally, despite the due diligence of the Plaintiff’s counsel, there has been

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inadequate time for confidential communications between Plaintiff and his counsel. Mr. Jayne is

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in federal prison in Tucson, AZ. Mr. White met with Mr. Jayne in December 2014. In order to

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avoid the expense of additional travel, the Clinic has attempted to schedule confidential

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telephone conferences with Plaintiff. There have been difficulties obtaining phone calls with the

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Plaintiff that are sufficient in length to discuss his case. While the prison indicated it had alloted

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two hours of conference for the a phone call on January 30, 2015, only a little over an hour of the

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time was provided to speak to the Plaintiff. The prison would not schedule a follow-up call with

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Plaintiff as requested during the following week. Mr. White and the Clinic were only able to

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schedule another phone call with the Plaintiff for February 10, 2015. This will still likely not

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provide sufficient time to speak with the Plaintiff and adequately present all of the issues he

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intends to set forth in his pretrial statement.

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STIPULATION AND [PROPOSED] EXTENSION FOR PRETRIAL STATEMENT 2:08-cv-02767-TLN-EFB

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The parties respectfully ask that this Stipulation be entered as an order of the Court.

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Respectfully submitted,

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/S/ Carter C. White
_____________________________
Carter C. White
Supervising Attorney

Dated: February 9, 2015

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Counsel for Plaintiff, Michael Aaron Jayne

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/S/ Gary Brickwood
_____________________________
Gary Brickwood
Brickwood Law Office

Dated: February 10, 2015

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Counsel for Defendants

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IT IS SO ORDERED:
Plaintiff’s pretrial statement is due to be filed on or before March 16, 2015. Defendants
shall file a pretrial statement not later than 30 days after the filing of plaintiff’s statement.
Dated: February 25, 2015.

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STIPULATION AND [PROPOSED] EXTENSION FOR PRETRIAL STATEMENT 2:08-cv-02767-TLN-EFB