Hughes v. CDCR

Filing 134

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 11/14/18 ORDERING that all deadlines in the case (including the December 5, 2018 deadline to servediscovery requests, the January 29, 2019 discovery cutoff, and the March 19, 2019 deadline to file dispositive motions) are vacated pending resolution of Defendants pending motion. That all discovery in the case (apart from discovery related to exhaustion of administrative remedies) is stayed pending resolution of Defendants pend ing motion. That the deadline for Plaintiff to respond to Defendants motion for summary judgment 132 be extended until December 17, 2018. That the deadline for Defendants to file a reply brief regarding Defendants motion for summary judgment 132 be extended until January 3, 2019. That following the resolution of Defendants pending motion for summary judgment, the Court shall issue a new scheduling order if needed.(Plummer, M)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
JEREMY DUGGAN, State Bar No. 229854
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Diaz and Pfeiffer

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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BERNARD HUGHES,

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v.

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Case No. 2:11-cv-01856-KJM-EFB
Plaintiff, STIPULATION AND [PROPOSED] ORDER
TO STAY DEADLINES AND DISCOVERY
PENDING RESOLUTION OF
DEFENDANTS’ MOTION FOR SUMMARY
JUDGMENT AND TO EXTEND SUMMARY
JUDGMENT DEADLINES

KERNAN, et al.,
Action Filed: July 14, 2011

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Defendants.

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In view of Defendants’ pending motion for summary judgment for failure to exhaust

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administrative remedies (ECF No. 132) (“Defendants’ pending motion”), Defendants Diaz

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(substituted in for Kernan under Fed R. Civ. Proc. 25(d)) and Pfeiffer, on the one hand, and

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Plaintiff Hughes, on the other, agree that discovery in this matter (apart from discovery related to

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exhaustion of administrative remedies) should be stayed, and that the deadlines regarding

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discovery and dispositive motions should be vacated, pending the resolution of Defendants’

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motion.

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Stipulation and [Proposed] Order Staying Discovery and Extending Deadlines (2:11-cv-01856-KJM-EFB)

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In addition, because Plaintiff’s counsel is currently preparing for a trial in another matter,

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and because of the upcoming holidays, the parties agree that the deadlines for the opposition and

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reply to Defendants’ pending summary judgment motion should be extended.

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Therefore, the parties hereby stipulate and request an order as follows:

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(1) That all deadlines in the case (including the December 5, 2018 deadline to serve

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discovery requests, the January 29, 2019 discovery cutoff, and the March 19, 2019 deadline to file

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dispositive motions) are vacated pending resolution of Defendants’ pending motion;

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(2) That all discovery in the case (apart from discovery related to exhaustion of
administrative remedies) is stayed pending resolution of Defendants’ pending motion;
(3) That the deadline for Plaintiff to respond to Defendants’ motion for summary
judgment (ECF No. 132) be extended until December 17, 2018;
(4) That the deadline for Defendants to file a reply brief regarding Defendants’ motion for
summary judgment (ECF No. 132) be extended until January 3, 2019; and
(5) That following the resolution of Defendants’ pending motion for summary judgment,

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the Court shall issue a new scheduling order if needed.

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Dated: November 7, 2018

/s/Jeff Dominic Price (as authorized 11/7/18)
Jeff Dominic Price
Attorney for Plaintiff B. Hughes

Dated: November 7, 2018
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XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

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/s/ Jeremy Duggan

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JEREMY DUGGAN
Deputy Attorney General
Attorneys for Defendants Diaz and Pfeiffer

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IT IS SO ORDERED.

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Dated: November 14, 2018.
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__________________________________
Hon. Edmund F. Brennan
United States Magistrate Judge

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SA2018301704//33646013.docx

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Stipulation and [Proposed] Order Staying Discovery and Extending Deadlines (2:11-cv-01856-KJM-EFB)