Stephen v. Kelso

Filing 86

ORDER signed by Magistrate Judge Kendall J. Newman on 1/10/13 ORDERING that Plaintiffs Fourth Amended Complaint be filed no later than February 11, 2013. IT IS FURTHER ORDERED that Defendants responsive pleadings be filed no later than March 4, 2013.(Dillon, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,
vs.
FEDERAL RECEIVER J.C. KELSO, et al.,
Defendants.

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No. 2:10-CV-1678-KJM-KJN P
STIPULATION TO EXTEND TIME
WITHIN WHICH TO FILE FOURTH
AMENDED COMPLAINT; [PROPOSED]
ORDER

WHEREAS, the deadline for Plaintiff, Jimmie Stephen (“Plaintiff”), to file his
Fourth Amended Complaint is presently January 11, 2013;

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WHEREAS, Plaintiff’s counsel sought to obtain Plaintiff’s medical records from the

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Department of Corrections promptly after appointment in this matter, but it took a significant

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amount of time to receive such records;

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WHEREAS, Plaintiff needed to receive the medical records prior to obtaining an

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expert to review the same, and only obtained the Court’s approval to retain such an expert in

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this matter on December 18, 2012 (Doc. 84). Plaintiff thereafter forwarded the medical

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records to the expert but, with the intervening holidays, has not yet received from the expert

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a full response. Plaintiff anticipates having a full response on or about January 16, 2013;

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STIPULATION TO EXTEND TIME WITHIN WHICH TO FILE FOURTH AMENDED COMPLAINT;
[PROPOSED] ORDER
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WHEREAS, Plaintiff’s counsel needs time to confer with the expert after receiving

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the expert’s opinion, and thereafter the client, before amending the complaint, and

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communications with Plaintiff take additional time due to Plaintiff’s incarceration;

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WHEREAS, Plaintiff therefore requests that the last date for him to file his Fourth
Amended Complaint be extended to February 11, 2013.
NOW, THEREFORE, Plaintiff, and Defendants Hsieh, Traquina, McAlpine and

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Wenneker (collectively “Defendants,” and together with Plaintiff, “the Parties”), by and

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through their respective counsel, hereby stipulate as follows:

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Plaintiff shall have to and including February 11, 2013 to file his Fourth

Amended Complaint; and
Defendants’ responsive pleadings shall be due on or before March 4, 2013.

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2.

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IT IS SO STIPULATED.

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Date: January 10, 2013

MOORE LAW FIRM, P.C.
/s/ Tanya E. Moore
Tanya E. Moore
Attorney for Plaintiff,
Jimmie Stephen

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BURKE, WILLIAMS & SORENSEN, LLP

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/s/ Kristina Doan Gruenberg
Kristina Doan Gruenberg
Attorneys for Defendants,
Dr. Traquina, Dr. Hsieh, and Dr. McAlpine

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HASSARD BONNINGTON LLP

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/s/ R. Wesley Pratt
R. Wesley Pratt
Attorneys for Defendant
Dr. Wenneker

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STIPULATION TO EXTEND TIME WITHIN WHICH TO FILE FOURTH AMENDED COMPLAINT;
[PROPOSED] ORDER
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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff’s Fourth Amended Complaint be filed no

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later than February 11, 2013.
IT IS FURTHER ORDERED that Defendants’ responsive pleadings be filed no later

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than March 4, 2013.

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IT IS SO ORDERED.
Date: 1/10/2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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step1678.stip.eot.4thAC.doc

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ad4mc0d

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STIPULATION TO EXTEND TIME WITHIN WHICH TO FILE FOURTH AMENDED COMPLAINT;
[PROPOSED] ORDER
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