Simpson v. California Department of Corrections and Rehabilitation et al

Filing 19

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/29/2018 ORDERING a 28-day extension of time for Defendants to file their initial response to Plaintiff's First Amended Complaint under Local Rule 144(a). (Fabillaran, J)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
JOANNA B. HOOD, State Bar No. 264078
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 Kernan, Ventura, Goss,
Moody, Fiori, Wilson, Department of Corrections
and Rehabilitation, Pfeiffer, and Phillips

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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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CATHY SIMPSON,

2:17-CV-01590 TLN KJN

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Plaintiff, STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANTS TO
RESPOND TO PLAINTIFF’S FIRST
AMENDED COMPLAINT

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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.

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Plaintiff, Cathy Simpson, and Defendants, Secretary Kernan, Warden Pfeiffer, Sergeant

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Moody, Officers Wilson and Fiori, Counselors Ventura and Goss, Lieutenant Phillips, and

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CDCR, through their counsel, hereby stipulate under Local Rule 144(a) to a twenty-eight-day

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extension of time for Defendants to file their initial response to Plaintiff’s First Amended

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Complaint.

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The reason for this stipulation is that defense counsel requires additional time to review

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Plaintiff’s amended complaint and to draft and file the appropriate responsive pleading. The

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parties previously stipulated to an extension of time for Defendants to respond to Plaintiff’s
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Defendants’ Request for Extension of Time to Respond to Amended Complaint (2:17-CV-01590 TLN KJN)

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original complaint. (ECF No. 13.) After Defendants filed a motion to dismiss, counsel for the

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parties conferred and stipulated to withdrawing the motion so that Plaintiff could file an amended

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complaint. (ECF Nos. 14 and 15.) Plaintiff has now filed her amended complaint. (ECF No.

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17.) Defendants shall file their response on or before February 23, 2018.

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The parties stipulated previously to extend the deadline for the filing of a joint status report;

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they stipulated that they would meet and confer, holding a Federal Rule of Civil Procedure 26(f)

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conference, and file a joint status report as set forth in this Court’s August 1, 2017 Order (ECF

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No. 3), on or before February 12, 2018. (ECF No. 15, ¶ 3.) The instant stipulation leaves that

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deadline intact; the conference will still be held, and the joint status report will still be filed. The

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extension that is hereby stipulated to does not affect nor delay any other aspect of the case,

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including the timing and sequence of discovery that is otherwise dictated by Rule 26; this

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extension only affects the deadline for the Defendants to file a responsive pleading to Plaintiff’s

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First Amended Complaint.

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Dated: January 29, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

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/s/ Joanna B. Hood

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JOANNA B. HOOD
Deputy Attorney General
Attorneys for Defendants Kernan, Ventura,
Goss, Moody, Fiori, Wilson, Department of
Corrections and Rehabilitation, Pfeiffer, and
Phillips

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Defendants’ Request for Extension of Time to Respond to Amended Complaint (2:17-CV-01590 TLN KJN)

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Dated: January 29, 2018

Respectfully submitted,

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LAW OFFICE OF SANJAY S. SCHMIDT

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/s/ Sanjay S. Schmidt (as authorized on
01/29/2018)

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SANJAY S. SCHMIDT
Attorney for Plaintiff Cathy Simpson

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IT IS SO ORDERED.

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Dated: 1/31/2018

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Troy L. Nunley
United States District Judge

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Pursuant to Local Rule 131(e), counsel has authorized submission of this document on counsel’s
behalf.
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Defendants’ Request for Extension of Time to Respond to Amended Complaint (2:17-CV-01590 TLN KJN)