Castro v. Horel et al

Filing 38

ORDER STAYING CASE Case Management Conference set for 5/26/2011 03:00 PM. Signed by Judge Alsup on February 28, 2011. (whalc2, COURT STAFF) (Filed on 2/28/2011)

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EDMUND G. BROWN JR. Attorney General of California THOMAS S. PATTERSON Supervising Deputy Attorney General KENNETH T. ROOST Deputy Attorney General BRENDAN M. KENNY Deputy Attorney General State Bar No. 237969 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendants Fischer, McKinney, Mount, Horel, Beeson, and Grannis IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

CARLOS CASTRO,

C 09-4902 WHA Plaintiff, [PROPOSED] JOINT STIPULATION TO STAY CASE

v.

ROBERT A. HOREL, et al.,

Judge: The Honorable William Alsup Defendants. Trial Date: June 6, 2011 Action Filed: October 14, 2009

Counsel from Orrick, Herrington, and Sutcliffe are counsel for Plaintiff Carlos Castro in both the above-captioned matter ("Horel") and the related matter, Castro v. Terhune, et al., Case No. 3:98-CV-04877 WHA ("Terhune"). Kenneth Roost and Brendan Kenny are counsel for Defendants in both matters. On May 21, 2010, the Court set trial, pretrial, and discovery deadlines in the Horel matter. (Docket No. 26.) The discovery cut-off is currently set for February 28, 2011. The parties, however, have not conducted discovery in Horel because they believe that Terhune will ultimately moot the action. Specifically, the outcome of the pending Court-ordered validation
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procedure in Terhune will likely supersede the 2006 inactive-status review that Castro challenges in Horel. See October 29, 2010 Remedial Order to Conduct New Validation Procedure in Castro v. Terhune [Docket No. 376]. The pending validation procedure will determine whether Castro is a prison "gang associate now." Id. at 2 (emphasis in original). Because the Horel action will likely be mooted by the outcome of Terhune, the parties jointly request that the Court: 1. Stay the Horel action pending completion of the Court-ordered validation procedure in Terhune and all resulting litigation; and 2. Vacate all pending deadlines in Horel. SO STIPULATED: DATED: _February 24, 2011 /s/ James E. Thompson JAMES E. THOMPSON Attorneys for Plaintiff Carlos Castro

DATED: February 24, 2011

/s/ Brendan M. Kenny BRENDAN M. KENNY Attorneys for Defendants Fischer, et al.

Good cause appearing, the case is stayed, pending the outcome of the Terhune matter. Nevertheless, a case management conference is set in this matter for May 26, 2011, at 3:00 p.m. APPROVED AND SO ORDERED: February 28, 2011. HON. WILLIAM ALSUP United States District Court Judge

DATED:

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