Hubbard v. Hougland et al

Filing 90

STIPULATION and ORDER signed by Magistrate Judge Gregory G. Hollows on 06/19/12 ordering effective as of the date of entry of this order, the stay on discovery is partially lifted as to the issue of exhaustion of administrative remedies. Discovery r equests served before the entry date of this order shall be treated as served on the entry date of this order. Any further requests for written discovery must be served within 2 court days of the entry of this order. Written discovery responses are due via electronic or personal service on or before 07/13/12. The parties shall submit witness lists and exhibit lists on or before 07/20/12. The partial lift of the discovery stay as to the issue of exhaustion of administrative remedies shall expire on 07/20/12. (Plummer, M)

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GEORGE C. HARRIS (CA SBN 111074)
[e-mail]
STACEY M. SPRENKEL (CA SBN 241689)
[e-mail]
ROBERT L. CORTEZ WEBB (CA SBN 274742)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]

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Attorneys for Plaintiff
DARRYL HUBBARD

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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Darryl Hubbard,

Case No.

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2:09-CV-0939-JAM GGH P

STIPULATION REGARDING
PARTIAL LIFT OF DISCOVERY
STAY AND CONTINUING
DEADLINE FOR SUBMISSION OF
WITNESS AND EXHIBIT LISTS
AND ORDER

Plaintiff,
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v.
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C.D. Hougland and D.K. McBride,
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Defendant.
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WHEREAS, the Court issued an order on April 5, 2010 staying all discovery in this case
pending the outcome of Defendants’ motion to dismiss [Dkt. 63];
WHEREAS, the Court issued an order granting Defendants’ motion to dismiss on
September 22, 2010 [Dkt. 76];
WHEREAS¸ on March 7, 2012, the United States Court of Appeals for the Ninth Circuit
reversed and remanded and ordered an evidentiary hearing on the issue of administrative
exhaustion [Dkt. 83, 86];
WHEREAS, on April 27, 2012 the Court ordered that an evidentiary hearing will be held
on August 14, 2012, at 9:00 am [Dkt. 87];
WHEREAS, in the April 27, 2012 order, the Court ordered that the parties shall submit
witness lists and exhibit lists on or before June 29, 2012 [Dkt. 87];

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Stipulation and Order Regarding Stay
sf-3157830

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Case No. 2:09-CV-0939-JAM GGH P

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WHEREAS, the parties have met and conferred and agree that a partial lift of the

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discovery stay is appropriate in order to fully develop the factual record on exhaustion of

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administrative remedies;

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WHEREAS, the parties have met and conferred and agree that the deadline for submission

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of witness lists and exhibit lists should be moved to July 20, 2012 to allow the parties sufficient

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time to serve and respond to discovery in advance of submitting witness and exhibit lists;

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IT IS HEREBY STIPULATED AND AGREED that:

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1.

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Effective as of the date of entry of this order, the stay on discovery is partially

lifted as to the issue of exhaustion of administrative remedies;
2.

Discovery requests served before the entry date of this order shall be treated as

served on the entry date of this order;
3.

Any further requests for written discovery must be served within two court days of

the entry of this order;
4.

Written discovery responses are due via electronic or personal service on or before

July 13, 2012;

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5.

The parties shall submit witness lists and exhibit lists on or before July 20, 2012;

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6.

The partial lift of the discovery stay as to the issue of exhaustion of administrative

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remedies shall expire on July 20, 2012;

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IT IS SO STIPULATED

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Stipulation and Order Regarding Stay
sf-3157830

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Case No. 2:09-CV-0939-JAM GGH P

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Dated: June _14_, 2012

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GEORGE C. HARRIS
STACEY M. SPRENKEL
ROBERT L. CORTEZ WEBB
MORRISON & FOERSTER LLP

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By: /s/ Robert L. Cortez Webb
ROBERT L. CORTEZ WEBB

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Dated: June _14_, 2012

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Attorneys for Plaintiff
DARRYL HUBBARD
KAMALA D. HARRIS
CHRISTOPHER J. BECKER

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By: /s/ Christopher J. Becker,
(as authorized on June 14, 2012)
CHRISTOPHER J. BECKER

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Attorneys for Defendants
C.D. HOUGLAND, ET AL.

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED

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Dated: June 19, 2012

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/s/ Gregory G. Hollows
___________________________________
HON. GREGORY G. HOLLOWS
UNITED STATES MAGISTRATE JUDGE

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Stipulation and Order Regarding Stay
sf-3157830

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Case No. 2:09-CV-0939-JAM GGH P