Berndt et al v. California Department of Corrections et al

Filing 383

ORDER by Magistrate Judge Bernard Zimmerman granting 379 Motion to Continue (bzsec, COURT STAFF) (Filed on 11/1/2010)

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PAMELA Y. PRICE, ESQ. (STATE BAR NO. 107713) PRICE AND ASSOCIATES A Professional Law Corporation 1611 Telegraph Avenue, Suite 1450 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] JOHN L. BURRIS, ESQ. (STATE BAR NO. 69888) Law Offices of John L. Burris 7677 Oakport Street, Suite 1120 Oakland, CA 94621 Telephone: [phone] Facsimile: [phone] CHARLES S. RALSTON, ESQ. (STATE BAR NO. 34111) P. O. Box 1143 Mi Wuk Village, CA 95346 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs MARTHA BERNDT, et al.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MARTHA BERNDT, MARTA HASTINGS, JUDY LONGO, LINDA SCOTT, SOPHIA CURRY, SHELLY ADCOCK, PATRICIA MOREIRA and KAREN CURRIE, INDIVIDUALLY AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, Plaintiffs, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, TERESA SCHWARTZ , JOSEPH McGRATH, DAVID SKERIK, MARIO ORTIZ, and DWIGHT WINSLOW, in their individual capacities, Defendants. Case No. C-03-3174 VRW (BZ) MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE HEARING AND (PROPOSED) ORDER

MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE HEARING AND (PROPOSED) ORDER C-03-3174 VRW (BZ)

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MOTION TO THE COURT AND ALL PARTIES OF RECORD: Pursuant to Local Rules 7-11 and, Plaintiffs Martha Berndt, et al., by and through their counsel, respectfully moves to continue the Evidentiary Hearing currently set for December 2, 2010 at 2:00 p.m. to December 3, 2010 at 2:00 p.m. for the reasons set forth in the accompanying Declaration of John L. Burris. Counsel for Martha Berndt, et al. attempted to gain consent from Defendants State of California, et al., by and through their respective counsel, to continue the date, however, the Defendants will only agree to the date of December 3, 2010, as their availability is very limited due to their current calendar. This motion affects no other dates listed in the Court's Order Regarding Evidentiary Hearing filed on September 29, 2010. Respectfully submitted,

Dated: October 21, 2010

THE LAW OFFICES OF JOHN L. BURRIS

/s/ John L. Burris John L. Burris, Esq. Attorney for Plaintiffs

MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE HEARING AND (PROPOSED) ORDER C-03-3174 VRW (BZ)

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(PROPOSED) ORDER

GOOD CAUSE APPEARING, the Evidentiary Hearing currently scheduled for December 3, 2010 at 2:00 p.m. December 2, 2010 at 2:00 p.m. is rescheduled to _____________________________.

IT IS SO ORDERED.

Dated: November 1, 2010

____________________________________ HONORABLE BERNARD ZIMMERMAN UNITED STATES MAGISTRATE JUDGE

MOTION FOR ADMINISTRATIVE RELIEF TO CONTINUE HEARING AND (PROPOSED) ORDER C-03-3174 VRW (BZ)

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