Faith Center Church Evengelist Ministries et al v. Glover et al

Filing 97

AFFIDAVIT re 96 Stipulation of Timothy D. Chandler in Support of Stipulatd Request to Extend Time for Parties to File Dispositive Motions by Faith Center Church Evengelist Ministries, Hattie Hopkins. (Chandler, Timothy) (Filed on 8/13/2008)

Faith Center Church Evengelist Ministries et al v. Glover et al

Doc. 97

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ALLIANCE DEFENSE FUND BENJAMIN W. BULL Arizona State Bar No. 009940 GARY S. McCALEB (admitted pro hac vice) Arizona Bar No. 018848 15100 North 90th Street Scottsdale, Arizona 85260 Phone: [phone]; Fax: [phone] ALLIANCE DEFENSE FUND TIMOTHY D. CHANDLER California Bar No. 234325 101 Parkshore Dr., Suite 100 Folsom, California 95630 Phone: [phone]; Fax: [phone] LAW OFFICES OF TERRY L. THOMPSON TERRY L. THOMPSON California State Bar No. 199870 P.O. Box 1346 Alamo, California 94507 Phone: [phone]; Fax: [phone] (designated local counsel) Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA FAITH CENTER CHURCH EVANGELISTIC MINISTRIES, et al., Plaintiffs, v. FEDERAL D. GLOVER, et al., Defendants. CASE NO. C-04-3111 JSW DECLARATION OF TIMOTHY D. CHANDLER IN SUPPORT OF STIPULATED REQUEST TO EXTEND TIME FOR PARTIES TO FILE DISPOSITIVE MOTIONS

FAITH CENTER V. GLOVER ­ CHANDLER DECL. IN SUPPORT OF STIP. REQUEST TO EXTEND TIME ­ C-04-3111 JSW

1
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12

I, Timothy D. Chandler, declare as follows: 1. I am an attorney duly licensed to practice law before the courts of California. I

am lead counsel for Plaintiffs in the above-captioned case. Pursuant to Civil Local Rule 6-2, I submit this declaration in support of the parties' stipulated request for an order extending the time for the parties to file dispositive motions until September 8, 2008. 2. In accordance with this Court's Supplemental Case Management Order dated

January 18, 2008, the current deadline for the parties to file dispositive motions is August 25, 2008. 3. Over the past two weeks, several unexpected matters have arisen that have created

the need for this extension. Most notably, two extremely time-sensitive election-related matters arose that involved emergency writ petitions in the California Superior Court, as well as an immediate hearing and additional writ petition in the California Court of Appeal. These matters

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 had to be resolved prior to the State Printer beginning to print the ballots for the November 2008 election, which began on Monday, August 11, 2008. As a result, it was impossible for me to postpone those matters until after the dispositive motion deadline in this case. 4. This case raises important and unsettled issues of constitutional law regarding

religious worship in public forums. This extension is necessary to ensure that Plaintiffs' counsel can fully and adequately prepare a dispositive motion addressing these important legal issues. 5. There have been no previous time modifications in this case related to the parties'

dispositive motions. The only time modifications that have occurred in this case involved the parties' Early Neutral Evaluation Session, which the parties filed stipulated requests to postpone because of a pending motion for preliminary injunction (Document #37) and a pending appeal following this Court's granting of the motion for preliminary injunction (Document #63). The parties also requested a continuance of a Case Management Conference due to an appeal that was still pending in regard to the preliminary injunction that was issued in this case (Document #81). 6. The only other dates that are set on the calendar for this case is the pretrial

FAITH CENTER V. GLOVER ­ CHANDLER DECL. IN SUPPORT OF STIP. REQUEST TO EXTEND TIME ­ C-04-3111 JSW

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

conference, which is set for January 12, 2009, and the trial, which is set for February 9, 2009. The requested extension would have no effect on these dates. 7. I do not anticipate requesting any additional extensions in this case.

I declare under the penalty of perjury that the foregoing is true and correct.

Dated: August 13, 2008 By:

ALLIANCE DEFENSE FUND /s/Timothy D. Chandler TIMOTHY D. CHANDLER Attorney for Plaintiffs

FAITH CENTER V. GLOVER ­ CHANDLER DECL. IN SUPPORT OF STIP. REQUEST TO EXTEND TIME ­ C-04-3111 JSW

3