Gilmore, et al v. People of California

Filing 289

ORDER GRANTING REQUEST TO SHORTEN TIME. DEFT. IS DIRECTED TO SERVE COPIES OF THIS ORDER ON ALL PLAINTIFFS AND FILE A PROOF OF SERVICE. re 287 / (tf, COURT STAFF) (Filed on 12/7/2009)

Case3:66-cv-45878-SI Document287

Filed11/30/09 Page1 of 3

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EDMUND G. BROWN JR. Attorney General of California THOMAS S. PATTERSON Supervising Deputy Attorney General DAMON G. MCCLAIN Deputy Attorney General State Bar No. 209508 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants State of California, et al.

UNIT ED

*COUNSEL IS DIRECTED TO FILE A PROOF OF SERVICE ON ALL PLTS. OF THIS ORDER.

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S DISTRICT TE C TA

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

D IS T IC T R

OF

ROBERT O. GILMORE, JR., et al., Plaintiffs,

CV 66-45878 SI

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v. STATE OF CALIFORNIA, et al., Defendants.

STIPULATION TO SHORTEN TIME FOR HEARING ON DEFENDANTS= MOTION FOR PROTECTIVE ORDER

Defendants have moved this Court in accordance with Federal Rules of Civil Procedure, rule 26(c) for a protective order staying discovery until the Court has ruled on Defendants= Motion to Terminate. Unless Defendants= motion for a protective order is heard on a shortened schedule, the Court will be unable to issue a decision before Defendants= responses to Plaintiffs= first set of interrogatories and first request for production of documents are due. THEREFORE THE PARTIES AGREE AND STIPULATE that Defendants= motion for a protective order will be filed on November 30, 2009. Any opposition to Defendants= motion for a protective order will be due by Wednesday, December 9, 2009. Defendants waive their right to reply. The parties respectfully request that the Court rule on Defendants' motion by December 14, 2009. 1
Stip. Shorten Time Hearing Defs.' Mot. Prot. Order (CV 66-45878 SI)

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Case3:66-cv-45878-SI Document287

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THE PARTIES FURTHER AGREE AND STIPULATE that, unless otherwise ordered by the Court, the matter will be deemed submitted on the papers once the opposition has been filed.

Dated: November 30, 2009

Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California

/s/ Damon McClain DAMON MCCLAIN Deputy Attorney General Attorneys for Defendants State of California, et al.

Dated: November 30, 2009

PRISON LAW OFFICE

/s/ Alison Hardy ALISON HARDY Attorneys for Plaintiffs

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

Dated: __________

________________________________ The Honorable Susan Illston United States District Judge

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Stip. Shorten Time Hearing Defs.' Mot. Prot. Order (CV 66-45878 SI)

Case3:66-cv-45878-SI Document287

Filed11/30/09 Page3 of 3

DECLARATION OF SERVICE BY U.S. MAIL Case Name: Gilmore v. California No.: CV 66-45878 SI I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On November 30, 2009, I served the attached STIPULATION TO SHORTEN TIME FOR HEARING ON DEFENDANTS= MOTION FOR PROTECTIVE ORDER DECLARATION OF DAMON MCCLAIN IN SUPPORT OF STIPULATION TO SHORTEN TIME FOR HEARING ON DEFENDANTS= MOTION FOR PROTECTIVE ORDER by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Megan Hagler, Attorney at Law Prison Law Office 1917 Fifth Street Berkeley, CA 94710-1916 Attorney for Robert O. Gilmore, Jr. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on November 30, 2009, at San Francisco, California. L. Santos Declarant
CF1997CX0047

/s/ L. Santos Signature

20237726.doc