Parks v. Rolfing et al

Filing 76

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/13/2018 GRANTING 75 Stipulation for Extension of Time. Defendants' opposition to 71 Motion to Amend due on or before 2/23/2018. (Henshaw, R)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
PAMELA J. HOLMES, State Bar No. 147360
Supervising Deputy Attorney General
VICKIE P. WHITNEY, State Bar No. 145316
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
Rohlfing, Garbutt, Medina, and Miranda

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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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KENNETH WAYNE PARKS,

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v.

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2:15-cv-1505-KJM-CKD (PC)
Plaintiff, STIPULATION FOR EXTENSION OF
TIME FOR DEFENDANTS TO FILE
OPPOSITION TO MOTION FOR LEAVE
TO AMEND COMPLAINT; PROPOSED
ORDER

JEFFREY ROLFING, et al.,
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Judge:
Defendants.

The Honorable Carolyn K.
Delaney

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Action Filed: September 30, 2016
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On January 19, 2018, Plaintiff filed a motion for leave to amend along with a proposed

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Fourth Amended Complaint. (ECF No. 71.) A Notice of Errata (ECF No. 73), and Corrected

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Notice of Motion and Motion (ECF No. 72), were filed on January 22, 2018. By Minute Order

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dated January 22, 2018, the Court determined that the motion would be submitted without oral

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argument, vacated the February 21, 2018 motion hearing, and ordered opposition and reply to

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conform to the provisions of Local Rule 230. (ECF No. 74.) Pursuant to Local Rule 230 (l),

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opposition to the motion is due February 9 under the original notice or February 12 under the

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corrected notice. Nonetheless, due to defense counsel’s case matters, including preparation for

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and conduct of an evidentiary hearing on February 6, 2018, before Judge Morrison England in
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Stip. for Extension of Time for Defs. to File Opp’n to Mot. to Amend (2:15-cv-1505-KJM-CKD (PC))

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Allen v. Stott, E.D. Case No. 2:13-cv-1821, as well as an injury suffered by defense counsel, the

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parties have stipulated to an extension of time such that Defendants’ opposition to Plaintiff’s

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motion to amend shall be due on February 23, 2018, and Plaintiff’s reply, if any, shall be due

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seven days thereafter, unless an extension of time is requested by Plaintiff.

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SO STIPULATED.

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Dated: February 9, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
PAMELA J. HOLMES
Supervising Deputy Attorney General

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/s/ Vickie P. Whitney

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VICKIE P. WHITNEY
Deputy Attorney General
Attorneys for Defendants
Rohlfing, Garbutt, Medina, and Miranda

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Dated: February 9, 2018

JEFF DOMINIC PRICE, Esq.

/s/ Jeff Dominic Price

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JEFF DOMINIC PRICE
Deputy Attorney General
Attorney for Plaintiff Kenneth Wayne Parks

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[PROPOSED] ORDER

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Based on the Stipulation of Counsel, and good cause shown, the Court grants the

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stipulated extension of time requested. Defendants’ opposition to Plaintiff’s Motion to Amend

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shall be due on or before February 23, 2018, and absent an extension of time, Plaintiff’s reply

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shall be due on or before March 2, 2018.

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Dated: February 13, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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13:park1505.stip.eot

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Stip. for Extension of Time for Defs. to File Opp’n to Mot. to Amend (2:15-cv-1505-KJM-CKD (PC))