Colleen Mary Rohan, et al v. Jill Brown, et al

Filing 626

STIPULATION AND ORDER EXTENDING TIME TO FILE re 625 STIPULATION WITH PROPOSED ORDER Extending Time To File Reply Brief filed by Oscar Gates. Signed by Judge William Alsup on 11/15/13. (dt, COURT STAFF) (Filed on 11/15/2013)

Case3:88-cv-02779-WHA Document625 Filed11/14/13 Page1 of 3

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WILLIAM L. OSTERHOUDT, Bar No. 43021
LAW OFFICES OF WILLIAM L. OSTERHOUDT
135 Belvedere Street
San Francisco, CA 94117
Telephone: [phone]
Email: [e-mail]
TIM BROSNAN, Bar No. 75938
Attorney at Law
1116 Guerrero Street
San Francisco, CA 94110
Telephone: [phone]
Email: [e-mail]

Attorneys for Petitioner,
OSCAR GATES

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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COLLEEN MARY ROHAN, ex rel. OSCAR GATES,
Petitioner,

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DEATH PENALTY CASE
v.

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KEVIN CHAPPELL,
Warden, California State Prison at San Quentin,
Respondent.

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C88-2779 WHA

PARTIES' STIPULATION
AND PROPOSED
ORDER EXTENDING TIME
TO FILE REPLY BRIEF
(N.D.L.R. 5-1(i)(3), 7-11,
7-12)

TO: THE HONORABLE WILLIAM H. ALSUP, UNITED STATES DISTRICT JUDGE;
GREGG ZYWICKE AND GLENN PRUDEN, DEPUTY ATTORNEYS GENERAL; AND TO
RICHARD W. WIEKING, CLERK OF THE UNITED STATES DISTRICT COURT:
Pursuant to Northern District Local Rules, Rules 7-11 and 7-12, the parties hereby present
this stipulation and proposed Order, extending time for petitioner to file a reply brief in support
of his motion for transfer and restoration, through and including November 21, 2013.
On October 23, 2013, petitioner's counsel filed a motion for transfer and restoration , see
Doc. 617. On November 6, 2013, respondent's counsel filed an opposition. See Doc. 621. On
November 7, 2013, a further settlement conference was held, see Doc. 622, at which the Court
requested that petitioner's counsel prepare and submit certain materials. Later on November 7,
2013, the Warden filed another opposition to the motion, see Doc. 623, along with a supporting
declaration. See Doc. 624.
Stipulation & [Proposed] Order

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No. C-88-2779 WHA

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Petitioner's reply brief being due seven days after any opposition's filing date or due date,

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respectfully requests an extension of time to and including November 21, 2013, in which to file

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the reply.

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Since the November 7, 2013, settlement conference, petitioner's counsel have been

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occupied with preparing the materials directed by the Magistrate Judge, see Doc. 622, and

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preparing a budget proposal for these and related events.

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On November 12, 2013, petitioner's co-counsel, Tim Brosnan, exchanged e-mails with

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respondent's counsel, Gregg Zywicke, and advised of this request. Mr. Zywicke authorized

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petitioner to represent that respondent's counsel has no opposition to this request and stipulates

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to the Court granting it. Per N.D. Local Rules, rule 5-1 (i) (3), I attest that concurrence in the

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filing of the document has been obtained from each of the other signatories listed below.

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Petitioner will be glad to submit a more detailed showing if the Court finds that

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appropriate. There have been no prior requests to extend the date and the time requested is

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relatively brief.

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Per N.D. Local Rules, rule 7-12, a proposed Order is provided on the following page.

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STIPULATION
The parties stipulate to the Court extending the time for petitioner to file its reply brief on
or before November 21, 2013.

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DATED: November 12, 2013

/s/ Gregg Zywicke
GREGG ZYWICKE
GLENN PRUDEN
Deputy Attorneys General,
Counsel for Respondent

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It is so stipulated.
DATED: November 12, 2013

/s/ Tim Brosnan
WILLIAM L. OSTERHOUDT
TIM BROSNAN
Counsel for Petitioner,
OSCAR GATES

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Stipulation & [Proposed] Order

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No. C-88-2779 WHA

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(Proposed) ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: November 15, 2013

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HONORABLE WILLIAM H. ALSUP
UNITED STATES DISTRICT JUDGE

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Stipulation & [Proposed] Order

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No. C-88-2779 WHA