Tate v. State of California et al

Filing 42

STIPULATION AND ORDER re 41 Stipulation TO EXTEND DEADLINE FOR FILING STIPULATION OF DISMISSAL AND TO VACATE APRIL 23, 2014 STATUS CONFERENCE filed by California Department of Corrections and Rehabilitation. Signed by Judge Jon S. Tigar on April 22, 2014. (wsn, COURT STAFF) (Filed on 4/22/2014)

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KAMALA D. HARRIS
Attorney General of California
MIGUEL A. NERI
Supervising Deputy Attorney General
DAVID PAI
Deputy Attorney General
State Bar No. 227058
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for
Defendants California Department of Corrections
and Rehabilitation and Timothy Reynolds

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KAREN TATE,

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Plaintiff, STIPULATED REQUEST TO EXTEND
DEADLINE FOR FILING STIPULATION
v.
OF DISMISSAL AND TO VACATE
APRIL 23, 2014 STATUS CONFERENCE
STATE OF CALIFORNIA; CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION; TIMOTHY
REYNOLDS; AND DOES 1 TO 100,

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CV 12-1441 JST

Defendants.

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Stipulated Request to Extend Deadline for Filing Dismissal and to Vacate Status Conference (CV 12-1441-JST)

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The parties file this joint request for additional time to file a Rule 41 stipulation of
dismissal and to vacate or continue the April 23, 2014 status conference.

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On December 20, 2013, the parties in this action reached a general settlement agreement

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in this action and plaintiff filed a Notice of Settlement. Additional terms were further modified

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and agreed upon. On January 19, 2014, the parties finalized and executed a written Settlement

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and Release Agreement. Since then, the parties have satisfied all nonmonetary terms of its

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settlement agreement, but is still waiting for the issuance of the settlement check. The CDCR has

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obtained and secured approval for the disbursement of settlement funds, but issuing a pay warrant

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(i.e., settlement check) is processed by the State Controller’s Office. To the best of the CDCR’s

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knowledge, the settlement check should be issued from the controller’s office on or around May

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2, 2014.

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The parties, therefore, request that the deadline to file the Rule 41 stipulation of dismissal

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be continued to June 1, 2014, and to vacate or continue the April 23, 2014 status conference to

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June 1, 2014.

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Dated: April 19, 2014

Respectfully submitted,

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/s/ A. Cabral Bonner
A. Cabral Bonner
Attorney for Plaintiff

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/s/ David Pai
DAVID PAI
Deputy Attorney General
Attorneys for Defendants

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Status report re settlement.doc
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Dated: April 22, 2014

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Stipulated Request to Extend Deadline for Filing Dismissal and to Vacate Status Conference (CV 12-1441-JST)