Castro v. Terhune, et al

Filing 293

STIPULATION AND ORDER TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS re 292 Stipulation, filed by M. Yarborough, Cal Terhune, J. Stokes, Robert L. Ayers, Jr., E. Derusha, M. Ayala, A. Scribner, C. Campbell, J. Batchelor, A. M. Gonzales, G. Bonnie Garibay, L. Hood, J. Martinez. Signed by Judge William Alsup on 6/21/10. (dt, COURT STAFF) (Filed on 6/21/2010)

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EDMUND G. BROWN JR. Attorney General of California THOMAS S. PATTERSON Supervising Deputy Attorney General KENNETH T. ROOST Deputy Attorney General BRENDAN M. KENNY Deputy Attorney General State Bar No. 237969 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Ayala, Ayers, Batchelor, Campbell, Derusha, Garibay, Gonzales, Hood, Martinez, Scribner, Stokes, Terhune, and Yarborough IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CARLOS CASTRO,

C 98-4877 WHA (PR) Plaintiff, [PROPOSED] STIPULATION TO EXTEND DEADLINE TO FILE DISPOSITIVE MOTIONS Courtroom: Judge: Trial Date: Defendants. Action Filed: Courtroom 9, 19th floor The Honorable William Alsup September 20, 2010 December 22, 1998

v. CAL. TERHUNE, et al.,

On January 22, 2010, the Court ordered that the deadline to submit dispositive motions preceding Phase II of trial shall be July 8, 2010. (Case Management Order & Reference to Magistrate Judge for Settlement/Mediation 4, ¶ 8.) Defendants now cannot meet this deadline because of personal emergency. Deputy Attorney General Kenneth Roost has been scheduled to be out of the country from June 18 through July 5 for a pre-planned vacation. Deputy Attorney General Brendan Kenny, the other attorney for Defendants, was scheduled to leave the office after July 10 to attend to his wife and anticipated first-born baby. But a medical concern has
1 Stipulation Extend Deadline to File Dispositive Mots. (C 98-4877 WHA (PR))

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hastened his wife's delivery and Mr. Kenny's exit, leaving no attorney to complete Defendants' dispositive motion. Defendants have conferred with Plaintiff's counsel, who do not object to an extension of the dispositive-motion deadline in light of these events. The parties therefore propose to extend the dispositive-motion deadline by two weeks, from July 8 to July 22, 2010. The parties hope that this two-week extension will not significantly pressure the September 20 trial date, because dispositive motions would still be heard, at latest, by August 26. In sum, the parties request that this Court give the parties until July 22, 2010 to file dispositive motions. The cut-off dates for expert discovery and written discovery are unaffected by this stipulation.

DATED: June 18, 2010___

/s/ James E. Thompson JAMES THOMPSON Attorneys for Plaintiff Carlos Castro

DATED: June 18, 2010___

/s/ Kenneth T. Roost KENNETH T. ROOST Attorneys for Defendants Terhune, et al.

IT IS SO ORDERED.
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HONORABLE WILLIAM ALSUP United States District Judge

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June 21, 2010 DATED: _______________

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