Plata et al v. Schwarzenegger et al

Filing 2166

STIPULATION AND ORDER VACATING the 06/01/09 motion hearing. Signed by Judge Thelton E. Henderson on 05/29/09. (rbe, COURT STAFF) (Filed on 5/29/2009)

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sf-2637179 [PROPOSED] ORDER CASE NO. C01-1351 TEH

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MARCIANO PLATA, et al., Plaintiffs, v. ARNOLD SCHWARZENEGGER, et al., Defendants.

Case No.

C01-1351 TEH

STIPULATION AND [PROPOSED] ORDER

Federal Receiver J. Clark Kelso, Plaintiffs, and Defendants hereby stipulate as follows: WHEREAS, on April 23, 2009, Defendants filed a Motion to Stay District Court's March 24, 2009 Order Pending Appeal ("Motion to Stay"); WHEREAS, the Motion to Stay has been fully briefed by the parties and the Receiver; WHEREAS, the Motion to Stay is set for hearing on June 1, 2009, at 10:00 a.m.; and WHEREAS, counsel for the parties and the Receiver have met and conferred regarding the need for a hearing on the Motion to Stay and have agreed to submit the motion on the papers;

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THEREFORE, the Receiver and the parties, through their respective counsel of record, agree that the hearing on the Motion to Stay should be vacated and the motion should be decided on the papers. IT IS SO STIPULATED. Dated: May 29, 2009 MORRISON & FOERSTER LLP By: /s/ Stuart C. Plunkett Stuart C. Plunkett Attorneys for Receiver J. CLARK KELSO

Dated: May 29, 2009

PRISON LAW OFFICE By: /s/ Steven Fama Steven Fama Attorneys for PLAINTIFFS

Dated: May 29, 2009

HANSON BRIDGETT LLP By: /s/ Paul B. Mello Paul B. Mello Attorneys for DEFENDANTS

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[PROPOSED] ORDER sf- 2637179CASE NO. C01-1351 TEH

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Pursuant to the above stipulation, it is hereby ORDERED that the June 1, 2009 hearing on the Motion to Stay is vacated and the motion is deemed submitted on the papers unless otherwise ordered. 29 Dated: May __, 2009

UNIT ED

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By:

S DISTRICT TE C TA

Thelton E. Henderson, Judge United States District Court

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[PROPOSED] ORDER sf- 2637179CASE NO. C01-1351 TEH

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