Redd, et al v. Daley, et al

Filing 222

STIPULATION AND ORDER re 221 STIPULATION WITH PROPOSED ORDER re 218 Clerks Notice, Joint Stipulation And [Proposed] Order To Continue Case Management Conference filed by Paul A. Redd, Jr. Case Management Statement due by 8/28/2014. Initial Case Management Conference set for 9/4/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/29/14. (bpf, COURT STAFF) (Filed on 4/29/2014)

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1 2 3 4 5 6 RISHI N. SHARMA (Cal. State Bar No. 239034) PETER A. COOPER (Cal. State Bar No. 275300) PAUL HASTINGS LLP 55 Second Street, 24th Floor San Francisco, California 94105 Telephone: (415) 856-7000 Facsimile: (415) 856-7100 rishisharma@paulhastings.com petercooper@paulhastings.com Attorneys for Plaintiff Paul A. Redd, Jr. 7 8 9 10 11 TRACE O. MAIORINO (Cal. State Bar No. 179749) SHARON A. GARSKE (Cal. State Bar No. 215167) Office of the Attorney General of the State of California 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102 Telephone: (415) 703-5975 Facsimile: (415) 703-5843 trace.maiorino@doj.ca.gov sharon.garske@doj.ca.gov 12 13 Attorneys for Defendant Michael D. Daley 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 PAUL A. REDD, JR., No. C 98-20429 EMC 18 19 20 Plaintiff, JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE vs. 21 MICHAEL D. DALEY, 22 23 Defendant. 24 25 26 27 28 LEGAL_US_W # 78508207.3 JOINT STIPULATION & ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE U.S.D.C., N.D. Cal., No. C 98-20429 EMC 1 JOINT STIPULATION 2 Pursuant to Local Rule 6-2, Plaintiff Paul A. Redd, Jr. and Defendant Michael D. Daley, by and 3 through their respective counsel of record, hereby jointly stipulate and respectfully request the Court 4 enter an order as follows: 5 1. On April 7, 2014, the Court granted the motion of Frank Michael Washko to withdraw as 6 attorney of record for Plaintiff (ECF 216), and appointed Rishi N. Sharma and Peter A. Cooper of Paul 7 Hastings LLP as pro bono counsel for purposes of settlement, pre-trial filings, and trial (ECF 217). On 8 April 9, 2014, the Court set a case management conference for May 13, 2014. (ECF 218.) 9 10 2. The Parties respectfully request that the Court continue the case management conference from May 13, 2014, to September 4, 2014, for the following reasons: 11 a. First, since the Court set the case management conference in this action, counsel 12 have learned that Plaintiff will be transferred from Pelican Bay State Prison in Crescent City, California, 13 to a state prison facility in Corcoran, California; however, for security reasons, the date of Plaintiff’s 14 transfer has not been released. Because of the uncertainty surrounding the date of his transfer, as well as 15 the extensive case file in this action, counsel have been unable to complete their review of the case file 16 and communicate directly with Plaintiff regarding this action. Counsel for Plaintiff anticipate that they 17 will be able to complete their review of the case file and communicate directly with Plaintiff shortly 18 after the date of his transfer. 19 b. Second, Mr. Maiorino, counsel for Defendant, is on vacation until May 9, 2014. 20 Similarly, Mr. Sharma, counsel for Plaintiff, is scheduled to be on vacation from May 21, 2014, to 21 June 8, 2014. 22 c. Third, pursuant to Plaintiff’s request in his March 17, 2014, motion for 23 appointment of pro bono counsel (ECF 215), counsel for the Parties anticipate seeking a further 24 settlement conference before Magistrate Judge Vadas. As the settlement conference must be set in 25 accordance with Magistrate Judge Vadas’s schedule, the availability of prison facilities, and the 26 completion of Plaintiff’s transfer to the state prison facility in Corcoran, California, counsel for the 27 Parties anticipate that it will take at least three months to seek and complete the further settlement 28 conference. Accordingly, the Parties request a continuance of the case management conference to LEGAL_US_W # 78508207.3 JOINT STIPULATION & ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE U.S.D.C., N.D. Cal., No. C 98-20429 EMC 1 2 permit a further settlement conference. 3. Based on these reasons, the Parties’ respectfully request that the Court continue the 3 May 13, 2014, case management conference to September 4, 2014, to allow Plaintiff’s transfer to be 4 effected, to avoid counsel’s vacation schedules, and to permit the parties to seek and complete a further 5 settlement conference before Magistrate Judge Vadas. 6 Dated: April 29, 2014 7 RISHI N. SHARMA PETER A. COOPER PAUL HASTINGS LLP 8 By: /s/ 9 Peter A. Cooper Peter A. Cooper Attorneys for Plaintiff Paul A. Redd, Jr. 10 11 Dated: April 29, 2014 12 TRACE O. MAIORINO SHARON A. GARSKE OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA 13 By: /s/ 14 15 Sharon A. Garske Sharon A. Garske Attorneys for Defendant Michael D. Daley 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL_US_W # 78508207.3 -2- JOINT STIPULATION & ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE U.S.D.C., N.D. Cal., No. C 98-20429 EMC 1 ORDER 2 On the stipulation of the Parties, and good cause appearing therefor, 3 IT IS ORDERED that the May 13, 2014, case management conference in this action is continued Dated: May __, 2014 4/29/14 S UNIT ED RT U O 6 S DISTRICT TE C TA 7 8 Edward M. Chen United States District Judge NTED GRA 9 J 12 A H ER LI RT 11 . Chen ward M udge Ed NO 10 R NIA 5 to September 4, 2014, at 9:30 a.m. The case management statement is to be filed by August 28, 2014. FO 4 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LEGAL_US_W # 78508207.3 ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE U.S.D.C., N.D. Cal., No. C 98-20429 EMC

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