Gray v. Salao et al

Filing 13

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/19/2011. Initial Case Management Conference set for 5/26/2011 03:00 PM in Courtroom 9, 19th Floor, San Francisco. THERE WILL BE NO FURTHER CONTINUANCES. Signed by Judge William Alsup on 4/12/2011. (whasec, COURT STAFF) (Filed on 4/12/2011)

1
2
3
4
5
6

Steven R. Lowenthal (State Bar No. 104655)
[e-mail]
Christopher C. Wheeler (State Bar No. 224872)
[e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KENNETH W. GRAY

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

SAN FRANCISCO DIVISION

11
12

KENNETH W. GRAY,

13
14
15
16
17
18

Plaintiff,
vs.
R. SALAO; SERGEANT WILLIAMS;
T. SMITH; CAPTAIN MUNIA;
SERGEANT B. PETERSON;
LIEUTENANT R.H. BOCELLA; CHIEF
DEPUTY WARDEN B. HENDRICK;
CAPTAIN G. BIAGGINI; PARK, M.S.W.;
DRUG TESTING COORDINATOR
DAMONS,

Case No. CV-10-3474 WHA (PR)
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Courtroom: 9
Judge:
Hon. William Alsup
Trial Date:

None Set

19
Defendants.
20
21
22
23
24
25

Under Civil Local Rules 6-2(a) and 7-12, Plaintiff Kenneth W. Gray (“Plaintiff”), and
Defendants Belinda Hedrick, Gary Biaggini, William Muniz, Travis Smith, Tramaine Williams,
Brian Peterson, Melissa Park, Ronaldo Salao and Robin Boccella (collectively, “Defendants”),
through their respective attorneys of record, stipulate as follows:
Plaintiff filed his Complaint in this action on August 9, 2010;

26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
Case No. CV-10-3474 WHA

26528\2573576.1

1

On September 27, 2010, the United States District Court for the Northern District of

2

California, Judge William Alsup presiding, entered an order of service and referred Plaintiff to

3

the Federal Pro Bono Project;

4
5
6

Also on September 27, 2010, this Court entered an order granting Plaintiff’s application to
proceed in forma pauperis;
On March 10, 2011, this Court (1) appointed Steven Lowenthal and Christopher Wheeler

7

of Farella Braun + Martel, LLP pro bono counsel for Plaintiff and (2) set the Case Management

8

Conference in this action for April 21, 2011 (with the filing of the joint case management

9

statement by April 14, 2011);

10
11
12
13
14
15

Plaintiff is incarcerated in Salinas Valley Prison and counsel for Plaintiff is unable to meet
with him without the permission of the Salinas Valley Prison;
On March 24, 2011, counsel for Plaintiff requested permission from the Salinas Valley
Prison to meet with Plaintiff;
On April 6, 2011, counsel for Plaintiff learned that the Salinas Valley Prison had granted
their request to meet with Plaintiff; and

16

Counsel for Plaintiff is scheduled to meet with Plaintiff on April 12, 2011.

17

The inability of Plaintiff’s counsel to meet with Plaintiff prior to April 12, 2011 presenting

18

good cause, the parties STIPULATE, AND JOINTLY REQUEST THE COURT TO APPROVE

19

that the Case Management Conference be continued to May 26, 2011 at 3:00 p.m., with the

20

parties’ joint case management statement to be filed no later than May 19, 2011.

21
22
23
24
25
26
27
28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
Case No. CV-10-3474 WHA

-2-

26528\2573576.1

1

DATED: April 11, 2011

FARELLA BRAUN + MARTEL LLP

2
By:

/s/
Christopher C. Wheeler
Attorneys for Plaintiff
KENNETH W. GRAY

3
4
5
6

DATED: April 8, 2011

KAMALA D. HARRIS
Attorney General of California
MICHAEL W. JORGENSON
Supervising Deputy Attorney General

7
8

By:

/s/
BRENDAN M. KENNY
Deputy Attorney General
Attorneys for Defendants
BIAGGINI, BOCCELLA, HEDRICK,
MUNIZ, PARK, PETERSON, SALAO,
SMITH and WILLIAMS

9
10
11
12
13
14

I attest that concurrence in the filing of this Stipulation has been obtained from counsel for
Defendants.

15
DATED: April 11, 2011

FARELLA BRAUN + MARTEL LLP

16
By:

/s/
Christopher C. Wheeler
Attorneys for Plaintiff
KENNETH W. GRAY

17
18
19

[PROPOSED] ORDER

20
21

Pursuant to stipulation, and good cause appearing therefore, IT IS HEREBY ORDERED

22

THAT the Case Management Conference scheduled for April 21, 2011 at 3:00 p.m. is continued

23

to May 26, 2011 at 3:00 p.m. The parties’ joint case management statement shall be filed no later

24

than May 19, 2011. THERE WILL BE NO FURTHER CONTINUANCES.

25

PURSUANT TO STIPULATION, IT IS SO ORDERED.

UNIT
ED

S

Dated: April 12, 2011.

William H. Alsup
ERED
O ORD
IT IS Court Judge
United States District SSMODIFIED
A

lsup
illiam A
Judge W
26528\2573576.1

FO

H

ER

LI

RT

-3-

NO

STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
Case No. CV-10-3474 WHA

A

28
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

RT
U
O

27

S DISTRICT
TE
C
TA

R NIA

26

N

F
D IS T IC T O
R

C