Crump

Filing 60

STIPULATION AND ORDER re 58 STIPULATION WITH PROPOSED ORDER for Extending Deadline to Respond to Defendant's Motion to Dismiss filed by Steve Crump. Opposition due 11/7/14. Reply due 11/14/14. Signed by Judge Edward M. Chen on 10/29/14. (bpf, COURT STAFF) (Filed on 10/29/2014)

1
2
3
4
5
6
7

DAVID B. BAYLESS (Bar No. 189235)
E-mail: [e-mail]
CLARA J. SHIN (Bar No. 214809)
E-mail: [e-mail]
REBECCA A. JACOBS (Bar No. 294430)
E-mail: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111-5356
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
STEVE CRUMP

8
9
10
11
12
13
14

DONNA R. ZIEGLER (Bar No. 142415)
County Counsel
JILL SAZAMA (Bar No. 214215)
Deputy County Counsel
E-mail: [e-mail]
Office of the County Counsel
1221 Oak Street, Suite 450
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
DEPUTY M. GORDON

15
16

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

17
18

STEVE CRUMP,

19
20

Plaintiff,
v.

21
WARDEN GREGORY AHERN et al,
22
23
24

Defendants.

Civil Case No. C12-04357 EMC
STIPULATED REQUEST AND
[PROPOSED] ORDER FOR
EXTENDING DEADLINE TO
RESPOND TO DEFENDANT’S
MOTION TO DISMISS
Date: November 20, 2014
Time: 1:30 p.m.
Dept: Courtroom 5 - 17th Floor

25
26
27
28
STIP. REQ. AND [PROPOSED] ORDER FOR EXTENDING DEADLINE TO RESPOND TO DEF.’S MTD

C12-04357 EMC

1

Pursuant to Civil Local Rules 6-2 and 7-12, IT IS HEREBY STIPULATED by and

2

between the parties hereto through their respective attorneys of record, that subject to the

3

Court’s approval, the deadline for Plaintiff’s Opposition or Statement of Nonopposition to

4

Defendant’s Motion to Dismiss First Amended Complaint shall be extended to November 7,

5

2014, and Plaintiff’s Reply shall be due by November 14, 2014 (“Stipulation”). This Stipulation

6

is based on the following:

7
8
9

1.

Defendant filed a Notice of Motion and Motion to Dismiss First Amended

Complaint (“Motion”) on October 14, 2014. Dkt. No. 56.
2.

Plaintiff Steve Crump (“Plaintiff”) is incarcerated at Richard J. Donovan

10

Correctional Facility (“Richard J. Donovan”) in San Diego, California. Officials at Richard J.

11

Donovan have informed counsel for Plaintiff that Plaintiff is not permitted to make or receive

12

telephone calls. Declaration of Rebecca A. Jacobs in Support of Stipulated Request and

13

[Proposed] Order for Extending Deadline to Respond to Defendant’s Motion to Dismiss

14

(“Jacobs Decl.”) at ¶3.

15

3.

Plaintiff’s counsel are located in San Francisco. Jacobs Decl. at ¶4.

16

4.

Plaintiff’s counsel have attempted to communicate with Plaintiff regarding the

17

Opposition or Statement of Nonopposition to the Motion but have been unable to do so to date.

18

Jacobs Decl. at ¶5.

19

5.

The parties have not previously requested any extensions to Court-ordered

20

deadlines. The proposed change will not affect any other deadlines or the trial date set by the

21

Court. Jacobs Decl. at ¶6.

22
23
24
25

6.

The Motion pertains to Plaintiff’s Second Cause of Action, and the hearing date

for the Motion is currently set for November 20, 2014. Dkt. No. 56.
7.

Pursuant to the Court’s Case Management and Pretrial Order for Jury Trial, the

last day to the amend the pleadings is November 30, 2014. Dkt. No. 52.

26
27
28
1
STIP. REQ. AND [PROPOSED] ORDER FOR EXTENDING DEADLINE TO RESPOND TO DEF.’S MTD

C12-04357 EMC

1

8.

The parties respectfully request that the Court enter an Order approving this

2

Stipulation. In accordance with Civil Local Rule 5-1(i)(3), the filer of this document attests that

3

the concurrence in the filing of this document has been obtained from the other signatory hereto.

4
Respectfully submitted,

5
6
7

DATED: October 28, 2014

8

DAVID B. BAYLESS
CLARA J. SHIN
REBECCA A. JACOBS
COVINGTON & BURLING LLP

9
By:
10
11

/s/ Rebecca A. Jacobs
Rebecca A. Jacobs
Attorneys for Plaintiff
STEVE CRUMP

12
13
14
15
16

DATED: October 28, 2014

DONNA R. ZEIGLER,
County Counsel in and for the County of
Alameda, State of California
By:

17
18

/s/ Jill Sazama
Jill Sazama
Deputy County Counsel
Attorneys for Defendant
DEPUTY M. GORDON

19
20

24
25

DERED
SO OR ED
IT IS
DIFI
AS MO

R NIA

29th
Oct.
SIGNED on the _____ day of ____________, 2014.

S DISTRICT
TE
C
TA

RT
U
O

RT

27

FO

NO

THE HONORABLE EDWARDChen
M. CHEN
M.
Judge, United ge Edward
States District Court
Jud
for the Northern District of California

26

28

A

H

ER

LI

23

Pursuant to stipulation, IT IS SO ORDERED.

S

22

[PROPOSED] ORDER

UNIT
ED

21

N

F
D IS T IC T O
R

C

2
STIP. REQ. AND [PROPOSED] ORDER FOR EXTENDING DEADLINE TO RESPOND TO DEF.’S MTD

C12-04357 EMC