Huynh v. Hubbard et al

Filing 101

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 09/05/18 ORDERING the deadline to file dispositional documents is extended by 30 days. (Plummer, M)

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EMMETT C. STANTON (CSB No. 83930)
[e-mail]
GEOFFREY MILLER (CSB No. 308676)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Telephone:
650.988.8500
Facsimile:
650.938.5200

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EWA M. DAVISON (WSBA No. 39524)
[e-mail]
FENWICK & WEST LLP
1191 Second Avenue, 10th Floor
Seattle, WA 98101
Telephone:
206.389.4510
Facsimile:
206.389.4511

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Attorneys for TAI HUYNH
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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TAI HUYNH,

Case No.: 2:09-cv-1979 MCE CKD P

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Plaintiff,
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v.
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SUSAN HUBBARD, et al.,

STIPULATION AND [PROPOSED]
ORDER FOR EXTENDING
DEADLINE TO FILE
DISPOSITIONAL DOCUMENTS
PER DKT. NO. 94

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Defendants.
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STIP. AND [PROPOSED] ORDER FOR EXTENDING
DEADLINE TO FILE DISPOSITIONAL DOCUMENTS

CASE NO.: 2:09-cv-1979 MCE CKD P

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Plaintiff Tai Huynh and Defendants, pursuant to Local Rules 143 and 144, hereby

2 stipulate as follows:
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The parties appeared before the Court for a settlement conference on November 30, 2017.

4 At that conference, pursuant to representations by counsel for the parties, the Court determined
5 that the matter was settled and ordered dispositional documents to be filed not later than 90 days
6 thereafter, or March 6, 2018. Dkt. No. 94.
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On March 7, 2018, after having exchanged drafts of a settlement agreement and

8 conferring via telephone, the parties filed a stipulation to extend the time to file dispositional
9 document by 60 days to May 7, 2017.
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The parties reached an agreement in principle in which the parties will submit

12 agreement. In order to permit the parties time to execute the agreement and complete
ATTORNEYS AT LAW

F ENWICK & W EST LLP

11 dispositional documents to the court after performance of certain terms of the settlement

13 performance these terms of the agreement, the parties stipulated to and the Court ordered an
14 extension of the deadline to file dispositional documents by 120 days, to September 4, 2018.
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The parties have since executed the agreement and believe that each of the terms of the

16 settlement agreement have been performed. In order to permit Mr. Huynh, who is currently
17 located at California Men’s Colony State Prison, an opportunity to confirm receipt of payment
18 subject to the terms of the settlement agreement, the parties hereby stipulate, subject to the
19 Court’s approval, to extend the deadline to file dispositional documents by 30 days.
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Good cause exists for the extension as the parties, through their respective counsel, have

21 worked diligently to complete the settlement agreement and perform all terms prior to the
22 September 4, 2018 deadline. Additional time is requested in order to permit Mr. Huynh sufficient
23 time to confirm receipt of payment.
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NOW THEREFORE, IT IS HEREBY STIPULATED, by and between the parties, and

25 subject to the Court's approval, that the deadline to file dispositional documents is extended by
26 30 days.
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STIP. AND [PROPOSED] ORDER FOR EXTENDING
DEADLINE TO FILE DISPOSITIONAL DOCUMENTS

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CASE NO.: 2:09-cv-1979 MCE CKD P

1 Dated: September 4, 2018

FENWICK & WEST LLP

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By: s/ Geoffrey R. Miller
Geoffrey R. Miller

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Attorneys for TAI HUYNH

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7 Dated: September 4, 2018

XAVIER BECERRA
Attorney General of California

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Attorneys for Defendants

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ATTORNEYS AT LAW

F ENWICK & W EST LLP

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By: s/ Joseph R. Wheeler
JOSEPH R. WHEELER
Deputy Attorney General

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ATTESTATION OF SIGNATURES
I hereby attest that the concurrence in the filing of this document has been obtained from

15 the signatory indicated by a “conformed” signature (/s/) within this e-filed document.
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/s/ Geoffrey R. Miller
Geoffrey R. Miller

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ORDER
Pursuant to the foregoing stipulation, IT IS SO ORDERED.

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Dated: September 5, 2018.
Honorable Edmund F. Brennan
United States Magistrate Judge

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STIP. AND [PROPOSED] ORDER FOR EXTENDING
DEADLINE TO FILE DISPOSITIONAL DOCUMENTS

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CASE NO.: 2:09-cv-1979 MCE CKD P