Simpson v. California Department of Corrections and Rehabilitation et al

Filing 23

ORDER signed by District Judge Troy L. Nunley on 2/28/2018 GRANTING Stipulation for Defendants' second extension of time to respond to the Amended Complaint on or before 3/2/2018. (Reader, L)

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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, California 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 FOR SEVEN-DAY
EXTENSION OF TIME FOR
DEFENDANTS TO RESPOND TO
PLAINTIFF’S AMENDED COMPLAINT;
ORDER

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, respectfully stipulate to a seven-day extension of time for

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Defendants to respond to Plaintiff’s amended complaint.

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Defendants intend to file a motion to dismiss, and although the motion has been

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substantially drafted, more time is needed to complete it. The undersigned counsel for Plaintiff

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has agreed to this second extension of time for Defendants to file a motion to dismiss in order to
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Stipulation for Seven-Day Extension of Time for Defendants to Respond to Plaintiff’s Amended Complaint; Order
(2:17-CV-01590 TLN KJN)

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exercise professional courtesy to opposing counsel, and because the undersigned has broached the

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subject to opposing counsel of Defendants forbearing from raising certain procedural issues in

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their motion that do not go to the substantive issues in this case, and opposing counsel represented

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to the undersigned that serious consideration would be given to this, including consideration of

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the interests of judicial economy and the time of counsel and the Court. Specifically,

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consideration will be given towards avoiding issues that result in what might be deemed a

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needless expenditure of time on certain issues. For e.g., the Eleventh Amendment sovereign

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immunity issue that Defendants previously raised in their original motion can be remedied easily

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by filing a second case in state court. However, counsel agrees this would not advance the

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interests of the parties or judicial efficiency. Neither side really wants to litigate two collateral

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cases, in two separate venues. Consequently, counsel for Defendants represented to the

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undersigned that, in view of the extension, consideration will be given towards forbearing from

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raising that issue and potentially other such issues, with an eye towards conserving the time of

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counsel and this Court, so such time can be reserved to litigate the merits of this case. Thus,

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counsel will meet and confer over certain arguments, including, but not limited to, the Eleventh

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Amendment sovereign immunity issue, and attempt to resolve them informally instead of in the

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motion.

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This would be Defendants’ second extension of time. Defendants would respond to the
amended complaint on or before March 2, 2018.

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Stipulation for Seven-Day Extension of Time for Defendants to Respond to Plaintiff’s Amended Complaint; Order
(2:17-CV-01590 TLN KJN)

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Dated: February 23, 2018

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Respectfully submitted,
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, California
Department of Corrections and
Rehabilitation, Pfeiffer, and Phillips

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Dated: February 23, 2018

Respectfully submitted,

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LAW OFFICE OF SANJAY S. SCHMIDT

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/s/ Sanjay S. Schmidt (as authorized on
02/23/2018)

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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: February 28, 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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Stipulation for Seven-Day Extension of Time for Defendants to Respond to Plaintiff’s Amended Complaint; Order
(2:17-CV-01590 TLN KJN)