Castillo v. Solano County Jail, et al

Filing 88

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/22/2012, and agreed between the parties to EXTEND the time to file a joint status report to 10/2/2012. (Yin, K)

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Tania H. Colderbank, Bar No. 213675
COLDERBANK LAW
112 J Street, Suite 301
Sacramento, California 95814
Phone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiff Reynaldo J.
Castillo

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REYNALDO J. CASTILLO,

Case No. 2:08-CV-03080 GEB KJN P

Plaintiff,

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vs.

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SECOND STIPULATION AND
PROPOSED ORDER RE
EXTENSION OF TIME FOR
PARTIES’ JOINT STATUS REPORT
SUBMISSION DEADLINE

SOLANO COUNTY JAIL, et al.,

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Defendants.

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Plaintiff Reynaldo Castillo (“Plaintiff”), by and through his undersigned counsel, and

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defendants Ravinder Kadevari, M.D., and Chris Pilaczynski (“Defendants”), by and through

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their undersigned counsel, Jerome Varanini (collectively, the “Parties”), hereby agree and

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stipulate to the following:

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1. WHEREAS, plaintiff’s counsel was appointed by the Court on January 4, 2012,
after discovery was closed;

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STIPULATION AND PROPOSED ORDER FOR EXTENSION

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2. WHEREAS, Parties have conferred and counsel has agreed that a 45-day

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extension of time to submit a joint status conference statement would be in the best interest

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of the case;

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3. WHEREAS, plaintiff’s counsel has experienced delays in scheduling conferences

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due to internal issues at Mule Creek State Prison and will be meeting with Mr. Castillo at

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Mule Creek State Prison for a legal visit on August 21, 2012;

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4. WHEREAS, plaintiff’s counsel has received on today’s date additional discovery
documentation from Defendant’s counsel that has yet to be reviewed;
5. WHEREAS, the physician has indicated that he will need a minimum of two to

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three weeks once he has received his fees to review the medical records;

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6. WHEREAS, this Court’s findings have indicated that the plaintiff must have a
physician to meet his burden of proof; plaintiff’s counsel has spoken with a medical doctor

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who is board certified in both internal and infectious diseases about the likelihood of Mr.

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Castillo’s diagnosis and medical causation;

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7. WHEREAS, plaintiff’s counsel’s request for this Court’s permission to incur fees

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so that this medical doctor can be formally retained for medical record review and a
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consultation is currently pending;
7. WHEREAS, the recent court order dated June 19, 2012 has required the

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submission of a Joint Status Report to the Court by August 21, 2012;

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8. WHEREAS, the Parties respectfully request that the Court grant an extension of
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time to submit a joint status report to October 2, 2012, or at time that the Court deems

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reasonable. This the second extension requested by Plaintiff.

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STIPULATION AND PROPOSED ORDER FOR EXTENSION

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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The time identified in the Court’s Order dated June 19, 2012 requiring that a joint

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status report be filed by August 21, 2012, is now extended by forty-five (45) days, so that the

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joint status report is now due on October 2, 2012.

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IT IS SO STIPULATED.

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Dated: August 23, 2012

COLDERBANK LAW

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By: /s/Tania H. Colderbank
Tania H. Colderbank, Attorney for plaintiff
Reynaldo Castillo

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Dated: August 23, 2012

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TRIMBLE SHERINIAN & VARANINI
By:___/s/Jerome Varanini_______________
Jerome Varanini, Attorney for defendants
Ravinder Kadevari, M.D., and Chris Pilaczynski

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IT IS SO ORDERED.
Date: 8/22/2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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STIPULATION AND PROPOSED ORDER FOR EXTENSION