Plata et al v. Schwarzenegger et al

Filing 2302

STIPULATION AND ORDER dismissing Nathan Fletcher, John J. Benoit, and David Cogdill as intervenors. Signed by Judges Stephen Reinhardt, Lawrence K. Karlton, and Thelton E. Henderson on 02/22/10. (tehlc3, COURT STAFF) (Filed on 2/22/2010)

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STEVEN S. KAUFHOLD (SBN 157195) [e-mail] CHAD A. STEGEMAN (SBN 225745) [e-mail] TERESA WANG (SBN 252961) [e-mail] Akin Gump Strauss Hauer & Feld LLP 580 California, 15th Floor San Francisco, California 94104-1036 Telephone: [phone] Facsimile: 415-765-9501 Attorneys for Republican Assembly and Senate Intervenors

IN THE UNITED STATES DISTRICT COURTS FOR THE EASTERN DISTRICT OF CALIFORNIA AND THE NORTHERN DISTRICT OF CALIFORNIA UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE

RALPH COLEMAN, et al., Plaintiffs, vs. ARNOLD SCHWARZENEGGER, et al., Defendants. MARCIANO PLATA, et al., Plaintiffs, vs. ARNOLD SCHWARZENEGGER, et al., Defendants.

Case No.: CIV S-90-0520 LKK JFM P THREE-JUDGE COURT

Case No.: C01-1351 TEH THREE-JUDGE COURT STIPULATION OF PARTIES AND PROPOSED ORDER DISMISSING NATHAN FLETCHER, JOHN J. BENOIT, AND DAVID COGDILL AS INTERVENORS

STIPULATION OF PARTIES AND PROPOSED ORDER DISMISSING INTERVENORS

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1.

This Court granted California Assemblymembers Nathan Fletcher and John J. Benoit and California Senator David Cogdill intervening party status for purposes of opposing the issuance of a prisoner release order under consideration by this Three-Judge Court pursuant to the Prison Litigation Reform Act, 18 U.S.C. 3626 et seq.; and,

2.

Assemblymembers Nathan Fletcher and John J. Benoit and Senator David Cogdill have evaluated whether their continued participation as Legislator Intervenors is necessary given the current posture of the case and the participation of numerous other Legislator Intervenors.

3.

Assemblymembers Nathan Fletcher and John J. Benoit and Senator David Cogdill, through their counsel, have contacted legal counsel for Plaintiffs, Defendants, and Intervenor representatives as of February 18, 2010, to obtain consent to their withdrawal; and,

4.

Plaintiffs, Defendants and Intervenor representatives have stipulated to dismissing Assemblymembers Nathan Fletcher and John J. Benoit and Senator David Cogdill as intervenors in the proceedings now before this Three-Judge Court; and,

5.

Assemblymembers Nathan Fletcher and John J. Benoit and Senator David Cogdill request this Three-Judge Court order them dismissed, with prejudice, as intervenors in CIV 5-90-0520 LKK JFM P and No. C01-1341 TEH, as those cases are now pending before this Three-Judge Court.

IT IS SO STIPULATED. Dated: February 22, 2010 AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ CHAD STEGEMAN Attorneys for Assembly and Senate Republican Intervenors /s/ ANNE L. KECK Deputy County Counsel Attorney for Sonoma County Intervenors

Dated: February 22, 2010

By:

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Dated: February 22, 2010

By:

/s/ THERESA J. FUENTES Deputy County Counsel Attorneys for County Intervenors /s/ WILLIAM MITCHELL Assistant District Attorney Attorneys for District Attorney Intervenors /s/ MARTIN J. MAYER Attorneys for Sheriff Intervenors, Probation Intervenors, and Chief of Correction Intervenors /s/ NATALIE LEONARD Attorneys for Intervenor California Correctional Peace Officer's Association /s/ MICHAEL BIEN Attorneys for Coleman Plaintiffs /s/ DONALD SPECTER Attorneys for Plata Plaintiffs /s/ KYLE LEWIS Deputy Attorney General Attorney for Coleman Defendants /s/ PAUL MELLO Attorney for Plata Defendants

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

Dated: February 22, 2010

By:

I declare under penalty of perjury under the laws of the State of California, and pursuant to General Order 45(x)(B), that I obtained approval of this Stipulation from each signatory listed above. Executed on this 22nd day of February, 2010 at San Francisco, California. Dated: February 22, 2010 AKIN GUMP STRAUSS HAUER & FELD LLP By: /s/ TERESA W. WANG Attorneys for Assembly and Senate Republican Intervenors

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Pursuant to Stipulation, Legislator Intervenors Nathan Fletcher, John J. Benoit, and David Cogdill are dismissed from CIV S-90-0520 LKK JFM P and No. C01-1351 TEH with prejudice. IT IS SO ORDERED. Dated: 02/22/10 STEPHEN REINHARDT UNTIED STATES CIRCUIT JUDGE NINTH CIRCUIT COURT OF APPEALS

Dated: 02/22/10

LAWRENCE K. KARLTON UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF CALIFORNIA

Dated: 02/22/10

THELTON E. HENDERSON UNITED STATES DISTRICT JUDGE NORTHERN DISTRICT OF CALIFORNIA

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