McAfee v. Curry et al

Filing 23

STIPULATION AND ORDER amending briefing schedules: Motions to be filed by 9/7/2010; Oppositions to be filed by 10/7/2010; Replies to be filed by 10/22/2010; Signed by Judge Marilyn Hall Patel on 8/3/2010. (Attachments: # 1 CertServ)(awb, COURT STAFF) (Filed on 8/3/2010)

McAfee v. Curry et al

Doc. 23

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EDMUND G. BROWN JR. Attorney General of California THOMAS S. PATTERSON Supervising Deputy Attorney General NEAH HUYNH Deputy Attorney General State Bar No. 235377 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Hill, Ingraham, Rivero, and Verdesoto IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

THURSTON B. MCAFEE,

C 09-2497 MHP (PR) Plaintiff, SECOND STIPULATION AND [PROPOSED] AMENDED ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' DISPOSITIVE MOTION Judge: The Honorable Marilyn H. Patel Defendants.

v. CURRY, et al.,

Plaintiff Thurston McAfee and Defendants (through their counsel) stipulate to the following revised deadlines for Defendants' anticipated dispositive motion. Defendants' dispositive motion is due September 7, 2010. Plaintiff's opposition is due October 7, 2010. 1/ Defendants' reply is due October 22, 2010.
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Should Plaintiff need additional time to oppose dismissal, Defendants agreed not to oppose such a request. At Plaintiff's option, he shall request more time with the Court by filing a motion or ask Defendants to file an amended stipulation and proposed order reflecting the requested extension. 1
2d Stipulation & [Proposed] Am. Order Setting Briefing Schedule for Defs.' Dispositive Mot. (C 09-2497 MHP (pr))

Dockets.Justia.com

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In support, the parties state the following: (1) The parties are still conducting and responding to written discovery. For instance, Defendant Hill's response to Plaintiff's second set of interrogatories is due August 12, 2010. (2) Defendants recently took photographs of the kitchen (including the dining halls where the riot occurred) and will forward them to Plaintiff as an attachment to an interrogatory. (3) Plaintiff is currently preparing questions for inmate-witness Cecil Davis, who is incarcerated at California Men's Colony in San Luis Obispo, California. Plaintiff is incarcerated at Ironwood State Prison in Blythe, California. Because inmates are not permitted to communicate with each other directly, Defendants agreed to ask the prison's litigation coordinator to forward the questions (so long as the questions are relevant to the events at issue in this lawsuit) to Mr. Davis for a response. Should Mr. Davis respond, Defendants will forward such response to Mr. McAfee. (4) Thus, additional time is needed to conduct adequate discovery in preparation for Defendants' anticipated dispositive motion, including an anticipated opposition to that motion. (5) This request is not made for any purpose of harassment, undue delay, or any improper

(6) This request is the parties' second stipulation concerning a briefing schedule for Defendants' anticipated dispositive motion. The parties so stipulate. _8/2/10_______ Date _8/2/10_______ Date __/s/ Thurston McAfee______________ Thurston McAfee, Plaintiff in Pro Se __/s/ Neah Huynh__________________ Neah Huynh, Deputy Attorney General Counsel for Defendants ***************** 2
2d Stipulation & [Proposed] Am. Order Setting Briefing Schedule for Defs.' Dispositive Mot. (C 09-2497 MHP (pr))

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In accordance with the parties' stipulation, it is so ordered.

The Honorable Marilyn H. Patel United States District Judge ED ORDER

UNIT ED

8/3/2010 _________________ Date
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2d Stipulation & [Proposed] Am. Order Setting Briefing Schedule for Defs.' Dispositive Mot. (C 09-2497 MHP (pr))

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CERTIFICATE OF SERVICE
Case Name: T. McAfee v. Curry, et al. No. C 09-2497 MHP (PR)

I hereby certify that on August 2, 2010, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: SECOND STIPULATION AND [PROPOSED] AMENDED ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' DISPOSITIVE MOTION Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. On August 2, 2010, I have mailed the foregoing document(s) by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within three (3) calendar days to the following non-CM/ECF participants: Thurston McAfee (B-95737) Ironwood State Prison P. O. Box 2199 Blythe, CA 92226-2199 In Pro Se I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on August 2, 2010, at San Francisco, California.

A. Navarro Declarant
SF2010400682 20320061.doc

/s/ A. Navarro Signature