Perez v. Tilton et al

Filing 340

ORDER GRANTING 335 Stipulation re Briefing and Hearing Schedule. Signed by Judge Jeffrey S. White on 2/3/09. (jjo, COURT STAFF) (Filed on 2/3/2009)

Case 3:05-cv-05241-JSW

Document 335

Filed 02/02/2009

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DONALD SPECTER #83925 ALISON HARDY #135966 PRISON LAW OFFICE 1917 Fifth Street Berkeley, CA 94710 [e-mail] [e-mail] Telephone: [phone] Attorneys for Plaintiffs EDMUND G. BROWN JR. Attorney General of the State of California DAVID CHANEY Chief Assistant Attorney General JONATHAN L. WOLFF Senior Assistant Attorney General PHILLIP LINDSAY, State Bar No. 204444 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants

UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

Case No. C05-5241 JSW 18 19 20 21 22 23 24 25 26 27
S T I P U L A T I O N AND [PROPOSED] ORDER

CARLOS PEREZ, et al., P la in tif f s , v. M A T T H E W CATE, et al., D e f e n d a n ts .

CLASS ACTION S T IP U L A T I O N AND [PROPOSED] O R D E R RE BRIEFING AND H E A R I N G SCHEDULE FOR P L A IN T I F F S ' MOTIONS FOR J O I N D E R AND TO MODIFY AS MODIFIED HEREIN

Case 3:05-cv-05241-JSW

Document 335

Filed 02/02/2009

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On December 24, 2008, Plaintiffs filed two motions: "Motion to Join Governor Arnold Schwarzenegger as a Party Defendant" and "Motion for Order Adjudging Governor Arnold Schwarzenegger in Contempt for Failure to Appoint Statewide Dental Director." The hearing date for Plaintiffs' Motions was originally set for January 30, 2009. On January 15, 2009, plaintiffs filed a third motion, entitled "Motion to Modify the Stipulated Injunction," noticed for hearing on February 20, 2009. Plaintiffs subsequently withdrew their contempt motion. Defendants filed their opposition to plaintiffs' motions for joinder and for modification on January 30, 2009. Currently, plaintiffs' replies to the two motions are due February 6, 2009, and are scheduled to be heard on February 20, 2009. Plaintiffs' counsel's also represents the plaintiffs in Plata v. Schwarzenegger, No. C-01-1351 TEH, and Coleman v. Schwarzenegger, No. CIV S-90-0520 LKK JFM. Oral argument is scheduled to take place all day on February 3 and 4 before the three-judge panel in that action, and plaintiffs' counsel is working on preparing for those arguments. Accordingly, the parties have agreed to extend the plaintiffs' briefing schedule and the hearing date by one week each. Therefore, unless the parties further stipulate and/or the Court orders otherwise, the briefing and hearing schedule for the Motions is as follows: 1) 2) Plaintiffs' reply briefs are due no later than February 13, 2009. The hearing on both motions will take place on February 27, 2009. remains on calendar on February 20, 2009.

IT IS SO STIPULATED. Date: February 2, 2009 /s/ Alison Hardy Prison Law Office Attorney for Plaintiffs /s/ Phillip Lindsay Deputy Attorney General Attorney for Defendants

Date: ______________

I, Alison Hardy, attest that Phillip Lindsay signed this document on February 2, 2009. 27
S T I P U L A T I O N AND [PROPOSED] ORDER

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Case 3:05-cv-05241-JSW

Document 335

Filed 02/02/2009

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IT IS SO ORDERED.

Dated:February 3, 2009 ____________________ JEFFREY S. WHITE United States District Court

S T I P U L A T I O N AND [PROPOSED] ORDER

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