Washington v. Duncan et al

Filing 92

ORDER GRANTING STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE re 91 Stipulation filed by Tracye B. Washington. Signed by Judge Alsup on November 8, 2011. (whalc1, COURT STAFF) (Filed on 11/8/2011)

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MARGARET A. KEANE (State Bar No. 255378)
[e-mail]
DEWEY & LEBOEUF LLP
Post Montgomery Center
One Montgomery Street, Suite 3500
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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SEBASTIAN L. MILLER (State Bar No. 265793)
[e-mail]
DEWEY & LEBOEUF LLP
1950 University Avenue, Suite 500
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Tracye B. Washington
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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TRACYE B. WASHINGTON,

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Plaintiff,
v.
W.A. DUNCAN; R. BOUCHER;
L. HERNANDEZ; E. MOORE; A. GOMEZ;
R. PEREZ; L. BAEZ; and W.L. MUNIZ,
Defendants.

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Case No. C 05-2775 WHA (PR)
STIPULATION AND [PROPOSED]
ORDER RE: MODIFICATION OF
CASE MANAGEMENT
CONFERENCE DATE

WHEREAS, on July 6, 2005, Plaintiff Tracye B. Washington filed a complaint against

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Defendants W.A. Duncan, R. Boucher, L. Hernandez, E. Moore, A. Gomez, R. Perez, L. Baez and

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W.L. Muniz;

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WHEREAS, on March 10, 2006, W.L. Muniz, R. Perez and W.A. Duncan were terminated
as Defendants;
WHEREAS, on March 15, 2006, the Court issued summonses as to Defendants R. Boucher,

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L. Hernandez, E. Moore and A. Gomez and on March 8, 2007 this Court issued a summons as to

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Defendant L. Baez;

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION
OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. C-05-2775 WHA (PR)

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WHEREAS, on May 23, 2011, this Court issued an Order granting summary judgment in

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favor of Defendant E. Moore and denying summary judgment motions made by Defendants L. Baez,

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L. Hernandez, A. Gomez and R. Boucher;

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WHEREAS, on November 3, 2011, this Court appointed Sebastian Miller as counsel for

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Plaintiff pursuant to 28 U.S.C. 1915(e)(1) and the Court’s Federal Pro Bono Project guidelines;

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WHEREAS, on November 3, 2011, this Court also ordered counsel for Plaintiff and
Defendants to appear at a Case Management Conference on December 15, 2011 at 11:00 a.m.;

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WHEREAS, due to a long standing commitment, Sebastian Miller, counsel for the Plaintiff,
will be out of town the week of December 11 and therefore will not be able to attend the Case
Management Conference scheduled for December 15, 2011;

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WHEREAS, Emily Brinkman, counsel for the Defendants, be visiting family out of town

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during the Christmas holidays and therefore will not be available on either December 22, 2011 or

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December 29, 2011;

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WHEREAS, counsel for Plaintiff and counsel for Defendants are both available to attend a
Case Management Conference on January 5, 2012;

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WHEREAS, Plaintiff and Defendants agree to submit a Joint Case Management Statement
by December 8, 2011 and recommence discovery before that date;

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IT IS HEREBY STIPULATED by the parties, by and through their undersigned counsel,
that:
(1)

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The case management conference previously scheduled for December 15,
2011, at 11:00 a.m., is adjourned to January 5, 2011 at 11:00 a.m.;

(2)

Plaintiff and Defendants will file a Joint Case Management Statement with
this Court by December 8, 2011.

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION
OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. C-05-2775 WHA (PR)

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Dated: November 7, 2011

DEWEY & LEBOEUF LLP

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By:

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Sebastian L. Miller (SBN 265793)
[e-mail]
1950 University Avenue, Suite 500
East Palo Alto, CA 94303
Tel:
[phone]
Fax:
[phone]

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/s/ Sebastian L. Miller
Margaret A. Keane (SBN 255378)
[e-mail]
Post Montgomery Center
One Montgomery Street, Suite 3500
San Francisco, CA 94104
Tel:
[phone]
Fax:
[phone]

Attorneys for Plaintiff
Dated: November 7, 2011

DEPARTMENT OF JUSTICE

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By:

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/s/ Emily L. Brinkman
Emily L. Brinkman
[e-mail]
CA Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102
Tel:
[phone]
Attorney for Defendants Gomez, Baez, Hernandez,
and Boucher

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 8

, 2011
HONORABLE WILLIAM ALSUP

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION
OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. C-05-2775 WHA (PR)

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I, Sebastian L. Miller, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT

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CONFERENCE DATE. In compliance with General Order 45, X.B., I hereby attest that counsel

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whose e-signature appears on the foregoing signature page has concurred with this filing.

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/s/ Sebastian L. Miller

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION
OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. C-05-2775 WHA (PR)