Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 89

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 07/20/16 ordering that plaintiff has until 8/01/16 to file plaintiff's opposition to the summary judgment motion, and that the hearing on the motion be set for 8/31/16. (Plummer, M)

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Kenneth N. Frucht (SBN 178881)
Frederick J. Geonetta (SBN 114824)
GEONETTA & FRUCHT, LLP
100 Montgomery Street, Suite 1600
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff John Philip Moncrief

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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Plaintiff,

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v.

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RANDY GROUNDS, TROY GORHAM,
and DOES 1-50, inclusive,
Defendants.

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CASE NO.: 2:12-cv-00414 MCE AC P

STIPULATED REQUEST AND
[PROPOSED ORDER] FOR
EXTENSION OF TIME TO FILE
OPPOSITION TO MOTION FOR
SUMMARY JUDGMENT AND FOR
HEARING OF MOTION FOR
SUMMARY JUDGMENT MOTIONS
(L. Rule 144; FRCP 6)

REQUEST FOR EXTENSION OF TIME
Plaintiff’s opposition to Defendants’ motion for summary judgment is currently due on July
22, 2016. The parties hereby request and stipulate to a third and final extension of ten days for
Plaintiff to file his opposition to Defendants’ summary judgment motion, and a concomitant
continuance of the date for the Court to hear the motion. This request is made because of the
difficult and time consuming nature of communications between Plaintiff and his counsel.
Preparing the papers to oppose defendants motion involves substantial communication between
Plaintiff and counsel in order to prepare Plaintiff’s declaration and to fact check the papers.
The only means of communication between Plaintiff and counsel are mail and telephone

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conversations. Prison procedures and rules limit these telephone conversations to 15 minutes per
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call, making the process of communication slow and very tedious. Moreover, Plaintiff wishes to
STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO SUMMARY JUDGMENT MOTION AND CONTINUANCE OF DATE TO HEAR MOTION
MONCRIEF v. CDCR, EASTERN DISTRICT COURT, CASE NO. 12-0414

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see the final opposition papers before they are filed, as is his right, and naturally wants to also

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see and sign his declaration, and this requires an airplane flight to San Diego where he is

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presently incarcerated. Plaintiff’s counsel intends to travel to San Diego to meet with Plaintiff

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on July 25, 2016. Following the meeting counsel intends to return to the Bay Area and finalize

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and file the opposition papers by August 1, 2016.
STIPULATION

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Pursuant to Civil Local Rules 144, and FRCP 6, Plaintiff John Moncrief, by and through his

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attorney of record, Kenneth Frucht of the Geonetta & Frucht, LLP law firm, and Defendants

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Grounds, Frias and Gorham, by and through their attorney of record Kelli M. Hammond, hereby

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stipulate and request that Plaintiff have until August 1, 2016 to file Plaintiff’s opposition to the

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summary judgment motion, and that the hearing on the motion be set for August 31, 2016.

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SO STIPULATED.

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Dated: July 18, 2016

GEONETTA & FRUCHT, LLP

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By:

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/s/
Kenneth Frucht
KENNETH FRUCHT
Attorneys for Plaintiff

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Dated: July 18, 2016

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ATTORNEY GENERAL OF CALIFORNIA
By:

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IT IS SO ORDERED

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/s/
Kelli M. Hammond
KELLI M. HAMMOND
Deputy Attorney General
Attorneys for Defendants

Dated: July 20, 2016

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STIPULATION FOR EXTENSION OF TIME TO FILE OPPOSITION TO SUMMARY JUDGMENT MOTION AND CONTINUANCE OF DATE TO HEAR MOTION
MONCRIEF v. CDCR, EASTERN DISTRICT COURT, CASE NO. 12-0414