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

Filing 43

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/3/2018 GRANTING extension of time to file Amended Complaint to 2/21/2018. (Hunt, G)

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Kresta Nora Daly, SBN 199689

BARTH DALY LLP
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431 "I" Street, Suite 201
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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JANETTE RAMIREZ, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; ANA
JUSCAMAITA, individually and as a
representative of the Estate of ROBERTO
BALDIZON, Deceased; and THE ESTATE
OF ROBERTO BALDIZON,

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND DATE TO FILE
AMENDED COMPLAINT

Plaintiffs,

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Case No. 2:17-CV-00228-WBS-AC

v.
JEFFREY MACOMBER, individually and in
his official capacity as Former Warden of
California State Prison-Sacramento and
DOES 1 through 100, inclusive, in their official
and personal/individual capacities,

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Defendants.

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The parties hereby stipulate that:

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1. On December 18, 2017 this Court issued an order dismissing Plaintiff’s complaint.

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[Docket Entry 39.] Said order gave Plaintiff 20 days from the date of the order to file an

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amended complaint. The complaint is due January 7, 2018.
2. Plaintiff has requested certain evidence from the California Department of Corrections

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in order to assist Plaintiff in drafting an amended complaint. Plaintiff has not yet received said

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information and cannot file an amended complaint consistent with this Court’s order absent this
{00023731}
STIP AND ORDER – AMENDED COMPLAINT

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CASE NO. 2:17-CV-00228-WBS-AC

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information.

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3. Plaintiff seeks 45 additional days to file an amended complaint, to February 21, 2018.

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4. Defendant does not object.
Dated: January 3, 2018.

Respectfully submitted,

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BARTH DALY LLP
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By

/s/ Kresta Nora Daly
KRESTA NORA DALY
Attorneys for Plaintiffs

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

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B ARTH D ALY

LLP
A TTORNEYS A T L AW
S ACRAMENTO , C ALIFORNIA

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By

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

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By

/s/ Derrek J. Lee
DERREK J. LEE
Deputy Attorney General
Attorneys for Defendant Macomber

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ORDER

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Good cause appearing the deadline for Plaintiff to file an amended complaint is extended
to February 21, 2018.
Dated: January 3, 2018

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{00023731}
STIP AND ORDER – AMENDED COMPLAINT

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CASE NO. 2:17-CV-00228-WBS-AC