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

Filing 45

STIPULATION and ORDER 44 signed by Senior Judge William B. Shubb on 2/21/2018 extending time to file Amended Complaint by 4/13/2018. (Kirksey Smith, K)

1

Kresta Nora Daly, SBN 199689

BARTH DALY LLP
2

4

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

5

Attorneys for Plaintiffs

3

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

B ARTH D ALY

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

12
13
14

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,

15

18
19

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

Plaintiffs,

16
17

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,

20

Defendants.

21
The parties hereby stipulate that:

22
23

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

24

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

25

amended complaint. The complaint was due January 7, 2018. The parties stipulated an

26

amended complaint could be filed on February 21, 2018.

27

2. Plaintiff requested certain evidence from the California Department of Corrections in
order to assist Plaintiff in drafting an amended complaint. Plaintiff has not yet received

28
{00023731}

STIP AND ORDER – AMENDED COMPLAINT

-1-

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

1

said information and cannot file an amended complaint consistent with this Court’s order

2
3

absent this information.
3. The parties have conferred regarding Plaintiff’s efforts to obtain such evidence and

4
5
6
7

reasonably expect Plaintiff will receive the evidence in approximately 30 days.
4. Plaintiff seeks additional time to file an amended complaint, to April 13, 2018.
5. Defendant does not object.
Dated: February 20, 2018.

Respectfully submitted,

8
BARTH DALY LLP
9
By

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

10
11

B ARTH D ALY

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

12

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

13
14
15

By

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

16
17
18

ORDER

19
20

Good cause appearing the deadline for Plaintiff to file an amended complaint is extended
to April 13, 2018.

21
Dated: February 21, 2018
22
23
24
25
26
27
28
{00023731}
STIP AND ORDER – AMENDED COMPLAINT

-2-

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