Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 78

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/01/16 ordering that the time for defendants to take the deposition of plaintiff is extended to 2/19/16. (Plummer, M)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MICHELLE L. ANGUS, State Bar No. 210031
Supervising Deputy Attorney General
MONICA N. ANDERSON, State Bar No. 182970
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 Grounds and Gorham

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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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Case No. 2:12-cv-00414 MCE AC (PC)

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JOHN PHILLIP MONCRIEF,

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v.

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STIPULATION TO EXTEND TIME FOR
Plaintiff, DEFENDANTS TO COMPLETE THE
DEPOSITION OF PLAINTIFF; PROPOSED
ORDER

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CALIFORNIA DEPARTMENT OF
CORRECTIONS and
REHABILITATION, et al.,
Defendants.

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The parties request a five-day extension of time to take the deposition of Plaintiff on or
before February 19, 2016. On December 18, 2015, the parties submitted a stipulation for an
extension of time to complete the depositions of the parties, as the pleadings were not finalized
until September 2015, and counsel for both parties were preparing for trial and/or in trial. (ECF
No. 74.) The Court issued an Order on December 23, 2016, granting the stipulation that
discovery be re-opened for the purpose of deposing the parties only to be completed by February
12, 2016. (ECF No. 75.)
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Stipulation to Extend Time to Complete the Deposition of Plaintiff (2:12-cv-00414 MCE AC (PC))

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Counsel for Defendants had a trial scheduled in the Eastern District on January 25, 2016.

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That trial date was vacated on January 12, 2016, and set for a settlement conference on February

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4, 2016.

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Once the January 25, 2016 trial date was vacated, counsel started discussions to set the

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depositions of the two Defendants and Plaintiff. During those discussions, on January 26, 2016,

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counsel for Defendants had to travel out-of-state for a funeral of a family member, and will not be

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back in the office until February 1, 2016. However, Defendants’ counsel has had her office

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contact with Plaintiff’s counsel to continue to obtain available dates for the depositions.

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Agreement was made for Defendants’ depositions to be taken on February 5, 2016, at Plaintiff’s

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counsel’s office in Oakland. Plaintiff is currently incarcerated at RJD Correctional Facility in San

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Diego. Counsel for both parties will need to travel to San Diego to take the deposition of

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Plaintiff. Communication between our offices has been consistent in attempts to obtain a

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conveniently available date for Plaintiff’s deposition. Plaintiff’s counsel is not available the week

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of February 8, 2016, except for February 10, 2016. Defendants’ counsel is available all week of

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February 8, 2016, except for February 10, 2016, as she has a hearing at 10:00 a.m. in the Fresno

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District Court, with appearance required. Plaintiff’s counsel has advised he is available on

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February 17, 2016. Contact has been made with the litigation coordinator at RJD , who

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confirmed that the deposition can be taken on February 17, 2016.

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Stipulation to Extend Time to Complete the Deposition of Plaintiff (2:12-cv-00414 MCE AC (PC))

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STIPULATION
Under Local Rule 144 and Fed. Rule Civ. P. 6, the parties, by and through their respective

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attorneys of record, hereby stipulate that the time for Defendants to take the deposition of

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Plaintiff be extended to February 19, 2016.

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SO STIPULATED.
Dated: January 29, 2016

By: /s/ Kenneth Frucht__________________
KENNETH FRUCHT
GEONETTA & FRUCHT, LLP
Attorneys for Plaintiff

Dated: January 29, 2016

By: /s/ Monica N. Anderson___________
MONICA N. ANDERSON
Supervising Deputy Attorney General
Attorneys for Defendants

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IT IS SO ORDERED

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DATED: February 1, 2016

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Stipulation to Extend Time to Complete the Deposition of Plaintiff (2:12-cv-00414 MCE AC (PC))