Aguirre et al v. State of California et al

Filing 14

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr. on 09/21/16 ORDERING that the time for the parties to confer under FRCP 26(f) is EXTENDED to 10/31/16; the parties shall file the discovery plan and objections to the Initial Pretrial Scheduling Order within 14 days of the Rule 26(f) conference. If Plaintiffs file an amended complaint by 09/26/16, the 11/17/16 hearing on Defendants' motion to dismiss shall be taken off calendar. (Benson, A)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
MAUREEN C. ONYEAGBAKO, State Bar No. 238419
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 Maydole, State
of California, California Department of
Corrections and Rehabilitation, and
California Correctional Center
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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MARIA AGUIRRE, as personal
representative of the Estate of JONATHAN
VELARDE,

2:16-cv-01297-MCE-GGH

STIPULATION TO EXTEND TIME TO
CONFER UNDER FEDERAL RULE OF
Plaintiff, CIVIL PROCEDURE 26(F), TO OBJECT
TO INITIAL PRETRIAL SCHEDULING
v.
ORDER, AND TO TAKE HEARING ON
MOTION TO DISMISS OFF
CALENDAR; ORDER THEREON
STATE OF CALIFORNIA; CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION; CALIFORNIA
CORRECTIONAL CENTER; DONALD
Judge:
Hon. Morrison C. England, Jr.
MAYDOLE; and DOES 1 through 100,
Action Filed: June 9, 2016
inclusive,

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Defendants.

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Stip. to Extend Time to Confer Under FRCP 26(F), to Object to Initial Pretrial Scheduling Order, and to Take Motion
Hearing Off Calendar; Order Thereon(2:16-cv-01297-MCE-GGH)

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Plaintiffs and Defendants, through their undersigned counsel, stipulate to continue the

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previously agreed upon time for a conference under Federal Rule of Civil Procedures 26(f), from

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September 9, 2016 to October 31, 2016. The parties also stipulate to extend the deadline for

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filing objections to the Initial Pretrial Scheduling Order to fourteen days after the Rule 26(f)

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conference.

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Defendants have filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6)

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in response to Plaintiffs’ Complaint. Plaintiffs will file and serve a First Amended Complaint by

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September 26, 2016. Defendants’ responsive pleading to Plaintiffs’ First Amended Complaint

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will be filed and served by October 13, 2016.

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If Plaintiffs file and serve an amended complaint by September 26, 2016, the parties
stipulate to take the November 17, 2016 hearing on Defendants’ motion to dismiss off calendar.

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Given the anticipated amendment, the parties, claims, and defenses are uncertain at this

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time. This uncertainty precludes the parties from effectively preparing disclosures and discussing

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the discovery issues outlined in Rule 26.

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The current uncertainty also prevents the parties from determining whether any variance

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in the deadlines outlined by the Initial Pretrial Scheduling Order (Order, June 13, 2016, ECF

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No. 3) are warranted. All Defendants had been served by July 18, 2016, making objections to the

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Initial Pretrial Scheduling Order due on September 19, 2016. The parties expect to have more

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clarity on potential objections after the First Amended Complaint and responsive pleading have

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been filed.

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Additionally, Deputy Attorney General Maureen Onyeagbako will not be able to engage

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in a Rule 26(f) conference during the week of October 10 because she will be out of the office to

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prepare for trial in Bryant v. Gallagher, et al., No. 1:11-cv-00446-BAM (PC) (E.D. Cal.). The

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trial will begin on October 17, 2016, and is expected to last three to four days.

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Stip. to Extend Time to Confer Under FRCP 26(F), to Object to Initial Pretrial Scheduling Order, and to Take Motion
Hearing Off Calendar; Order Thereon(2:16-cv-01297-MCE-GGH)

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Based on the foregoing, the parties stipulate to a new Rule 26(f) conference date of

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October 31, 2016 and will file the Rule 26(f)(3) discovery plan and objections to the Initial

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Pretrial Scheduling Order within fourteen days of the parties’ conference.

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SO STIPULATED.

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Dated: September 15, 2016

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

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/s/ Maureen C. Onyeagbako
___________________________________
MAUREEN C. ONYEAGBAKO
Deputy Attorney General
Attorneys for Defendants Maydole, State
of California, California Department of
Corrections and Rehabilitation, and
California Correctional Center

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Dated: September 15, 2016

Respectfully submitted,

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LARRY RABINEAU
VIRGINIA NARIAN
Law Offices of Larry Rabineau

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/s/ Virginia Narian
(as authorized on September 15, 2016)
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VIRGINIA NARIAN
Attorneys for Plaintiffs

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Stip. to Extend Time to Confer Under FRCP 26(F), to Object to Initial Pretrial Scheduling Order, and to Take Motion
Hearing Off Calendar; Order Thereon(2:16-cv-01297-MCE-GGH)

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ORDER

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In accordance with the parties’ foregoing stipulation, and good cause appearing, the time

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for the parties to confer under Federal Rule of Civil Procedure 26(f) is extended to October 31,

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2016. The parties shall file the Rule 26(f)(3) discovery plan and objections to the Initial Pretrial

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Scheduling Order within fourteen days of the Rule 26(f) conference.

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If Plaintiffs file an amended complaint by September 26, 2016, the November 17, 2016
hearing on Defendants’ motion to dismiss shall be taken off calendar.
IT IS SO ORDERED.
Dated: September 21, 2016

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Stip. to Extend Time to Confer Under FRCP 26(F), to Object to Initial Pretrial Scheduling Order, and to Take Motion
Hearing Off Calendar; Order Thereon(2:16-cv-01297-MCE-GGH)