Perez v. Nguyen et al

Filing 94

ORDER GRANTING: 93 STIPULATION TO EXTEND PERIOD TO FILE ACCEPTANCE OR DECLINATION OF MAGISTRATE JUDGE. Signed by Judge Jeffrey S. White on 2/4/13. (jjoS, COURT STAFF) (Filed on 2/4/2013)

Case3:09-cv-04939-JSW Document93 Filed02/01/13 Page1 of 3

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SEYFARTH SHAW LLP
Francis J. Ortman (SBN 213202) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
Courtney K. Bohl (SBN 278812) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ

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J. RANDALL ANDRADA (SBN 70000)
[e-mail]
MATTHEW W. ROMAN (SBN 267717)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
180 Grand Avenue, Suite 225
Oakland, California 94612
Tel.: [phone]
Fax: [phone]
Attorney for Defendant
DUC NGUYEN, M.D.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN TIMOTHY PEREZ,

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Case No.: 3:09-cv-04939-JSW

Plaintiff,

JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
PERIOD TO FILE ACCEPTANCE OR
DECLINATION OF MAGISTRATE
JUDGE

v.
D. NGUYEN, et al.
Defendants.

Action Filed:

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October 16, 2009

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Pursuant Civil Local Rules 7-12 of the United States District Court for the Northern District
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of California, the Parties to the above entitled action, Dr. Duc Nguyen (“Defendant”) and John
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Timothy Perez (“Plaintiff”) (collectively referred to as the “Parties”), by and through their
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undersigned counsel, hereby stipulate and agree as follows:
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Perez v. Nguyen,

JOINT STIPULATION AND ORDER

et al.

3:09-cv-04939-JSW

Case3:09-cv-04939-JSW Document93 Filed02/01/13 Page2 of 3

WHEREAS, on January 25, 2013, the Court ordered the Parties to submit a joint consent or

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declination for reassignment to a Magistrate Judge for all purposes by February 1, 2013.
WHEREAS, Counsel for both parties have contacted their client inquiring about whether to

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accept or decline reassignment to a Magistrate Judge.
WHEREAS, Plaintiff currently resides in Pelican Bay State Prison, and is unable to

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communicate with Counsel, other than via U.S. Mail.
WHEREAS, at this time, Plaintiff’s counsel has been unable to adequately confer with their

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Plaintiff regarding whether to consent to or decline reassignment to a Magistrate Judge.
WHEREAS, the Parties request a two-week extension to file a joint consent or declination for

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reassignment to a Magistrate Judge for all purposes.

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THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY

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REQUEST THAT THE COURT ORDER that the February 1, 2013 deadline to file a joint consent

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or declination for reassignment to a Magistrate Judge be continued to February 15, 2013.

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DATED: February 1, 2013

SEYFARTH SHAW LLP

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By

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/s/
Francis Ortman, Esq.
Ari Hersher, Esq.
Matthew Mason, Esq.
Courtney Bohl, Esq.

Attorneys for Plaintiff
John Timothy Perez

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Dated:

February 1, 2013

ANDRADA & ASSOCIATES

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By ______________/s/
MATTHEW W. ROMAN
Attorney for Defendant
DUC NGUYEN, M.D.

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Perez v. Nguyen,

JOINT STIPULATION AND ORDER

et al.

3:09-cv-04939-JSW

Case3:09-cv-04939-JSW Document93 Filed02/01/13 Page3 of 3

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PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:
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The February 1, 2013 deadline to file a joint consent or declination for reassignment
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to a Magistrate Judge is hereby continued to February 15, 2013.

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IT IS SO ORDERED.
February 4, 2013
Dated: _________________

____________________________________
Honorable Judge Jeffrey S. White
United States District Judge

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15234165v.2

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Perez v. Nguyen,

JOINT STIPULATION AND ORDER

et al.

3:09-cv-04939-JSW