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

Filing 41

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/2/18 ORDERING that the deadline to submit Initial Disclosures is EXTENDED to fifteen days after the filing of an Answer by Macomber, or fifteen days after the Court denies a Motion to Dismiss filed by Macomber, whichever event occurs first.(Mena-Sanchez, L)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
TRACY S. HENDRICKSON, State Bar No. 155081
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.,

2:17-cv-00228-WBS-AC

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Plaintiffs, STIPULATION AND PROPOSED
ORDER RE: INITIAL DISCLOSURES

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v.
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Judge:

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

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiffs Janette Baldizon and Ana Baldizon, and Defendant Macomber, through their

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respective counsel, stipulate as follows:
1.

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Under the Status (Pretrial Scheduling) Order (ECF No. 33), the parties are required to

submit Initial Disclosures by January 5, 2018;
2.

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On December 18, 2017, the Court granted Defendant Macomber’s Motion to Dismiss

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with Leave to Amend (ECF No. 39), and Plaintiffs are required to file an amended complaint by

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January 8, 2018;

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///
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STIPULATION AND PROPOSED ORDER RE: INITIAL DISCLOSURES (2:17-cv-00228-WBS-AC)

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3.

Under Federal Rule of Civil Procedure 26(a)(1), Macomber is required to disclose the

identities of witnesses and documents which support his defenses in this matter;
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Until Plaintiffs file an amended complaint, Macomber will be unable to determine

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which defenses apply to this matter, and so will be unable to submit Initial Disclosures under

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Federal Rule of Civil Procedure 26(a)(1); and

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5.

It is agreed that the deadline to submit Initial Disclosures is extended to fifteen days

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after the filing of an Answer by Macomber, or fifteen days after the Court denies a Motion to

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Dismiss filed by Macomber, whichever event occurs first.

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Dated: January 2, 2018

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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XAVIER BECERRA
Attorney General of California
TRACY S. HENDRICKSON
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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STIPULATION AND PROPOSED ORDER RE: INITIAL DISCLOSURES (2:17-cv-00228-WBS-AC)

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ORDER
In light of the stipulation of the parties, and good cause appearing, it is ordered that the
deadline to submit Initial Disclosures is extended to fifteen days after the filing of an Answer by
Macomber, or fifteen days after the Court denies a Motion to Dismiss filed by Macomber,

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whichever event occurs first.
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Dated: January 2, 2018

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SA2017303232
33209293.docx

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STIPULATION AND PROPOSED ORDER RE: INITIAL DISCLOSURES (2:17-cv-00228-WBS-AC)