Sykes v. Athannasious et al

Filing 141

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 06/28/16 ordering plaintiff - Milton Sykes shall file his oppositions to defendants' motions for summary judgment on or before 10/31/16. Defendants' reply shall be due within 45 days after filing of plaintiff's oppositions to the motions for summary judgment. (Plummer, M)

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Rebecca E. Ihejirika, SBN: 225823

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Law Office of Rebecca E. Ihejirika

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1600 Sacramento Inn Way, Suite 109

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Sacramento, CA 95815

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Tel.: [phone]

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Attorney for Plaintiff - Milton Sykes

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MILTON SYKES

) CASE NO.: 2:12-CV-02570-TLN-KJN

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Plaintiff

) STIPULATION AND
) ORDER TO EXTEND TIME FOR

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Vs.

) FILING OF PLAINTIFF’S OPPOSITION

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) TO DEFENDANTS’ MOTIONS FOR

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) SUMMARY JUDGMENT AND

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) DEFENDANTS’ REPLY

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DR. ATHANNASIOUS, ET AL.

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And DOES 1 THROUGH 5

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Defendants

) JUDGE: THE HONORABLE KENDALL J.
) NEWMAN

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On March 16, 2016, the Court ordered that pretrial motions be filed within sixty (60)

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days of the order. (See ECF No.136). The court gave Plaintiff forty-five (45) days to oppose

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any motion for summary judgment and Defendants’ reply due seven (7) days thereafter. The

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court encouraged the parties to stipulate to additional time should Plaintiff require additional

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time to file an opposition.

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On May 13, 2016 Defendant – Dr. Khaira filed his Motion for Summary Judgment

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(ECF No. 137.) On May 16, 2016 Defendants – Drs. Athannasious, Weiland and Bick filed

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their Motion for Summary Judgment (ECF No. 138.)
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF PLAINTIFF’S
OPPOSITIONS TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’
REPLY
CASE NO.: 2:12-cv-02570-TLN-KJN

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On May 20, 2016, the court appointed Rebecca A. Weinstein-Hamilton as co-counsel to

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represent plaintiff for the limited purpose of opposing Defendants’ motions for summary

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judgment.

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Based on the very nature of the case, the motions for summary judgment filed by all

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defendants are voluminous and necessitate significant attorney time in opposing them. In

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addition, medical experts need to be retained to assist in responding to said motions.

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An extension of time up to and including October 31, 2016, for Plaintiff to file his

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oppositions to the motions for summary judgment will not significantly impact the progress of

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this case or unfairly prejudice the Defendants. Defendants’ reply shall be due within forty-five

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(45) days after filing of Plaintiff’s opposition to the motions for summary judgment.
Plaintiff, by and through his attorney of record –Rebecca E. Ihejirika, and Defendants -

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Dr. Athannasious, Dr. Weiland and Dr. Bick by and through their attorney - Deputy Attorney

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General – Kevin W. Reager, together with Defendant – Dr. Khaira by and through his attorney

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– Theodore D. Poppinga, hereby stipulate and request that the Court grant the said parties an

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extension of the deadline by which Plaintiff shall file his oppositions to the motions for

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summary judgment and the Defendants’ shall file their reply. This request is not brought for

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any improper purpose.

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WHEREFORE, Plaintiff, by and through his attorney of record –Rebecca E. Ihejirika, and

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Defendants - Dr. Athannasious, Dr. Weiland and Dr. Bick by and through their attorney -

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Deputy Attorney General – Kevin W. Reager, together with Defendant – Dr. Khaira by and

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through his attorney – Theodore D. Poppinga hereby agree and stipulate as follows:

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(1) The deadline for Plaintiff to file his Oppositions to the Motions for Summary Judgment

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is extended up to and including, October 31, 2016.

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(2) Defendants’ reply shall be due within forty-five (45) days after filing of Plaintiff’s

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Oppositions to the Motions for Summary Judgment.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF PLAINTIFF’S
OPPOSITIONS TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’
REPLY
CASE NO.: 2:12-cv-02570-TLN-KJN

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IT IS SO STIPULATED:

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Date: _06/24/2016__

Sign: _/s/ Rebecca E. Ihejirika___________________
REBECCA E. IHEJIRIKA
Attorney for Plaintiff Milton Sykes

Date: _06/24/2016__

Sign: _/s/ Kevin W. Reager______________________
KEVIN W. REAGER

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Attorney for Defendants – Dr. Athannasious, Dr.

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Weiland, Dr. Bick

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Date: _06/23/2016__

Sign: _/s/ Theodore D. Poppinga___________________

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THEODORE D. POPPINGA

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Attorney for Defendant – Dr. Khaira

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IT IS ORDERED AS FOLLOWS:

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1.) Plaintiff – Milton Sykes shall file his Oppositions to Defendants’ Motions for Summary

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Judgment on or before October 31, 2016.
2.) Defendants’ Reply shall be due within forty-five (45) days after filing of Plaintiff’s
Oppositions to the Motions for Summary Judgment.

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Dated: June 28, 2016

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF PLAINTIFF’S
OPPOSITIONS TO DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS’
REPLY
CASE NO.: 2:12-cv-02570-TLN-KJN

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