M.B. v. State of California et al

Filing 64

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/20/18 CONTINUING Scheduling Conference to 03/18/19 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file a joint status report by 03/04/19.(Benson, A.)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
JON S. ALLIN, State Bar No. 155069
Supervising Deputy Attorney General
JEREMY DUGGAN, State Bar No. 229854
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
Manes, Vue, Ballard, Mohr,
Brown, Dutton and Munroe

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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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M.B. III, a minor, by and through his
Guardian Ad Litem, TITICE BEVERLY,
individually and as Successor in Interest
and Personal Representative of the Estate of
MILTON BEVERLY, JR., et al.,

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Case No.: 2:17-cv-02395 WBS DB
STIPULATION TO CONTINUE
SCHEDULING CONFERENCE;
[PROPOSED] ORDER

Plaintiffs, Judge:

The Honorable William B.
Shubb
Trial Date:
Not set
Action Filed: November 14, 2017

v.

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STATE OF CALIFORNIA, et al.,
Defendants.

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A scheduling conference in this case is currently set for January 28, 2019. (ECF No. 57.)

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Under Federal Rule of Civil Procedure 16(b)(4) and Local Rule 143, the parties, through their

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counsel of record, agree to and request a continuance of the scheduling conference to March 11,

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2019, or a similar date convenient for the Court.

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A scheduling order may be modified only upon a showing of good cause and by leave of
Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see, e.g., Johnson v. Mammoth Recreations, Inc., 975

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Stipulation to Continue Scheduling Conference, Proposed Order (2:17-cv-02395 WBS DB)

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F.2d 604, 609. In considering whether a party moving for a schedule modification has good

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cause, the Court primarily focuses on the diligence of the party seeking the modification.

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Johnson, 975 F.2d at 609 (citing Fed. R. Civ. P. 16 advisory committee’s notes of 1983

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amendment).
On November 13, 2018, pursuant to the parties’ stipulation, and to allow the Defendants to

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respond to the complaint at the same time, the court ordered that the deadline for Defendants to

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respond to the Fourth Amended Complaint extended to December 10, 2018. On December 10,

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Defendants filed their motion to dismiss the Fourth Amended Complaint. The hearing on the

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motion to dismiss is set for February 4, 2019. A continuance of the scheduling conference would

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benefit both the parties and the Court in allowing the motion to dismiss to be resolved before

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requiring that the parties set discovery and other case deadlines.

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Based on the foregoing, the parties stipulate as follows: the scheduling conference currently

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set for January 28, 2019, is continued to March 11, 2019, or a similar date convenient for the

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Court. At least twenty-one calendar days before the scheduling conference is held, the parties

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shall confer and attempt to agree upon a discovery plan. The parties shall submit to the Court a

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joint status report fourteen calendar days before the scheduling conference.

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Stipulation to Continue Scheduling Conference, Proposed Order (2:17-cv-02395 WBS DB)

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Dated: December 19, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
JON S. ALLIN
Supervising Deputy Attorney General

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/s/ Jeremy Duggan
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JEREMY DUGGAN
Deputy Attorney General
Attorneys for Defendants
Manes, Vue, Ballard, Mohr, Brown, Dutton,
and Munroe

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Dated: December 19, 2018

GLICKMAN & GLICKMAN
A LAW CORPORATION

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/s/Nicole Hoikka (as authorized 12/19/2018)

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STEVEN C. GLICKMAN
NICOLE E. HOIKKA
Attorneys for Plaintiffs

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ORDER

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Good cause appearing, the parties’ stipulation to continue the scheduling conference is

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GRANTED. The scheduling conference currently set for January 28, 2019, is continued to

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March 18, 2019 at 1:30 PM. At least twenty-one calendar days before the scheduling conference

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is held, the parties shall confer and attempt to agree upon a discovery plan. The parties shall

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submit to the Court a joint status report no later than March 4, 2019.

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IT IS SO ORDERED.
Dated: December 20, 2018

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SA2017306798
33705071.docx

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Stipulation to Continue Scheduling Conference, Proposed Order (2:17-cv-02395 WBS DB)