Sassman v. Brown et al

Filing 104

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 2/2/2016 ORDERING the plaintiff to file his application for attorneys' fees and costs by 3/11/2016. (Michel, G.)

1 GAY CROSTHWAIT GRUNFELD – 121944
BLAKE THOMPSON – 255600
2 VAN SWEARINGEN – 259809
ROSEN BIEN GALVAN & GRUNFELD LLP
3 50 Fremont Street, 19th Floor
San Francisco, California 94105-2235
4 Telephone: [phone]
Facsimile: [phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
6
7 CAROL STRICKMAN – 078341
LEGAL SERVICES FOR PRISONERS WITH CHILDREN
8 1540 Market Street, Suite 490
San Francisco, California 94102
9 Telephone: [phone]
Facsimile: [phone]
[e-mail]
10 Email:
11 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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17 WILLIAM A. SASSMAN,
Plaintiff,

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v.

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20 EDMUND G. BROWN, JR. Governor of
California, and SCOTT KERNAN,1
21 Secretary of the California Department of
Corrections and Rehabilitation, in their
22 official capacities, and DOES 1-10,

Case No. 2:14-cv-01679-MCE-KJN
STIPULATION AND ORDER FOR
EXTENSION OF TIME TO FILE FEE
APPLICATION
Judge: Hon. Morrison C. England, Jr.
Crtrm: 7, 14th Floor

Defendants.

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Under Federal Rule of Civil Procedure 25(d), Defendants substitute current CDCR
27 Secretary Scott Kernan for Jeffrey Beard, who was named as a Defendant in his official
capacity.
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[2945367-1]

2:14-cv-01679-MCE-KJN
STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE FEE APPLICATION

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WHEREAS, the Court entered its Memorandum and Order (Dkt. No. 77) granting

2 summary judgment for Plaintiff William Sassman (“Plaintiff”) on September 9, 2015, and
3 issued a Judgment (Dkt. No. 78) in favor of Plaintiff on that same date; and
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WHEREAS, on January 7, 2016, per the parties’ stipulation, the Court ordered that

5 the deadline for Plaintiff to file his application for attorneys’ fees and costs be set for
6 February 10, 2016 (Dkt No. 102);
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WHEREAS, the parties are in the final stages of negotiating a resolution regarding

8 Plaintiffs’ fees and costs, which would obviate the need for the Court to adjudicate a fee
9 motion in this case. However, the parties do not believe that the February 10, 2016
10 deadline will provide sufficient time for a formal resolution to be reached to avoid the need
11 for Plaintiff to prepare his application; and
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WHEREAS, the parties to the above-captioned case, through their counsel of

13 record, have therefore agreed to a short extension of the time to submit an application for
14 attorneys’ fees and costs, in an effort to attempt to resolve this matter without the need for
15 a fee application to the Court;
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[2945367-1]

2:14-cv-01679-MCE-KJN
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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO FILE FEE APPLICATION

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

2 between the parties, through their counsel of record, that Plaintiff shall have an extension
3 of time up to and including March 11, 2016, in which to submit an application for
4 attorneys’ fees and costs. By entering into this stipulation, Defendants do not waive their
5 right to appeal or the right to object to costs or attorneys’ fees.
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IT IS SO STIPULATED.

7 DATED: January 29, 2016

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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Attorneys for Plaintiff

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DATED: January 29, 2016

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By: /s/ Jay C. Russell
Jay C. Russell
Supervising Deputy Attorney General

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Attorneys for Defendants
Edmund G. Brown Jr. and Scott Kernan

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ORDER

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19

KAMALA D. HARRIS
Attorney General of California

The Court, having reviewed the above stipulation of the parties, and good cause

20 appearing, hereby orders that the deadline for Plaintiff to file his application for attorneys’
21 fees and costs is hereby extended up to and including March 11, 2016.
22

IT IS SO ORDERED.

23 Dated: February 2, 2016
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[2945367-1]

2:14-cv-01679-MCE-KJN
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STIPULATION AND ORDER FOR EXTENSION OF TIME TO FILE FEE APPLICATION