Baldizon et al v. California Department of Corrections and Rehabilitation et al

Filing 36

STIPULATION and ORDER to Advance Hearing Date 35 signed by Senior Judge William B. Shubb on 10/24/2017 re 34 Defendant Macomber's Motion to Dismiss: The suggested date of 11/27/2017 is not convenient to the court. Accordingly, in order to accommodate the request of counsel, the motion will be TAKEN UNDER SUBMISSION without oral argument. (Kirksey Smith, K)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
MONICA N. ANDERSON, State Bar No. 182970
Supervising Deputy Attorney General
R. LAWRENCE BRAGG, State Bar No. 119194
Acting Supervising Deputy Attorney General
DERREK J. LEE, State Bar No. 297497
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 Defendant Macomber

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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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JANETTE BALDIZON, et al.,

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v.

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2:17-cv-00228-WBS-AC
Plaintiffs, STIPULATION AND PROPOSED
ORDER TO ADVANCE HEARING
DATE FOR DEFENDANT’S MOTION
TO DISMISS THIRD AMENDED
COMPLAINT

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Judge:

The Honorable William B.
Shubb
Trial Date:
November 5, 2019
Action Filed: February 2, 2017

Defendants.

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Plaintiffs Janette Baldizon and Ana Baldizon, and Defendant Macomber, through their
respective counsel, stipulate as follows:
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The hearing on the Motion to Dismiss Third Amended Complaint (Motion) filed by

Defendant Macomber is set for hearing on December 18, 2017 (ECF No. 34);
2.

Counsel for Plaintiffs is not available to attend that hearing, but is available to attend

the hearing on the Motion on November 27, 2017; and

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1
STIPULATION AND PROPOSED ORDER TO ADVANCE HEARING DATE FOR DEFENDANT’S MOTION
TO DISMISS THIRD AMENDED COMPLAINT (2:17-cv-00228-WBS-AC)

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3.

The hearing on the motion should be advanced to November 27, 2017.

Dated: October 23, 2017

Respectfully submitted,

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BARTH DALY LLP

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/s/ Kresta Nora Daly

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KRESTA NORA DALY
Attorneys for Plaintiffs Janette and Ana
Baldizon

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Dated: October 23, 2017

XAVIER BECERRA
Attorney General of California
MONICA N. ANDERSON
Supervising Deputy Attorney General
DERREK J. LEE
Deputy Attorney General

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/s/ R. Lawrence Bragg
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R. LAWRENCE BRAGG
Acting Supervising Deputy Attorney General
Attorneys for Defendant Macomber

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ORDER

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The suggested date of November 27, 2017 is not convenient to the court. Accordingly, in
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order to accommodate the request of counsel, the motion will be taken under submission without

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oral argument.

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Dated: October 24, 2017

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SA2017303232
33103176.docx

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STIPULATION AND PROPOSED ORDER TO ADVANCE HEARING DATE FOR DEFENDANT’S MOTION
TO DISMISS THIRD AMENDED COMPLAINT (2:17-cv-00228-WBS-AC)