Machado et al v. California Department of Corrections and Rehabilitation (CDCR) et al

Filing 27

Amended ORDER by Magistrate Judge Jacqueline Scott Corley granting 25 Stipulation Changing Time for Exchanging Initial Disclosures and Case Management Conference Scheduled for July 11, 2013. Signed by Magistrate Judge Jacqueline Scott Corley on 7/3/2013. (ahm, COURT STAFF) (Filed on 7/3/2013)

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KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General
SHARON A. GARSKE
Deputy Attorney General
State Bar No. 215167
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants
CDCR, Cate, and Lewis

WILLIAM L. SCHMIDT
William L. Schmidt, Attorney at Law, P.C.
State Bar No. 206870
377 West Fallbrook, #205
Fresno, CA 93711
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
Machado and Garcia

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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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OSCAR MACHADO AND SANDRA
GARCIA,

C 12-6501 JSC (PR)

JOINT STIPULATED REQUEST FOR
Plaintiffs, ORDER CHANGING TIME FOR
EXCHANGING INITIAL DISCLOSURES
v.
AND CASE MANAGEMENT
CONFERENCE SCHEDULED FOR JULY
11, 2013; [PROPOSED] ORDER
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Courtroom: Courtroom F, 15th Floor
Judge:
Hon. Jacqueline S. Corley
Defendants. Trial Date:
TBD
Action Filed: December 21, 2012
Pursuant to Civil L.R. 6-2, Plaintiff Machado and Garcia (Plaintiffs) and Defendants

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California Department of Corrections and Rehabilitation (CDCR), Cate, and Lewis (Defendants)

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(the “Parties”), by and through their respective counsel of record, hereby stipulate to change the

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time for exchanging initial disclosures set for July 5, 2013 and request that the Case Management

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Conference scheduled for July 11, 2013 before Magistrate Judge Jacqueline S. Corley be

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continued to a reasonable date as decided by the Court for the following reasons:

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I.

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REASONS FOR THE CHANGE OF TIME
Defendants counsel was recently assigned to the case and is still in the process of obtaining
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Joint Stipulated Req.; [Proposed Order] (C 12-6501 JSC (PR))

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records concerning the events pertaining to this case and interviewing clients and witnesses.

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Plaintiffs’ counsel has indicated that he may file an amended complaint.

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The parties believe that a later date for exchanging initial disclosures and the initial Case

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Management Conference serves the interests of judicial and party efficiency.

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II.

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PREVIOUS TIME MODIFICATIONS
The Court granted Plaintiffs’ request for an extension of time to serve Defendants with the

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summons and complaint. (Order Discharging Show Cause Order and Directing Issuance of

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Summons, May 1, 2013, ECF No. 19.)

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III. EFFECT THE REQUESTED TIME MODIFICATION WILL HAVE ON SCHEDULE

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The Parties respectfully request the Court to reschedule the Case Management Conference

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scheduled for July 11, 2013 to a date that is convenient for the Court. And the Parties request that

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the Court set the deadline for initial disclosures to a new date in accordance with the new date for

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the Case Management Conference. Plaintiff’s counsel requests that he be permitted to

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telephonically attend the Case Management Conference.

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Dated: July 2, 2013

Respectfully submitted,

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/S/WILLIAM L. SCHMIDT
WILLIAM LIONEL SCHMIDT
William L. Schmidt, Attorney at Law, P.C.
Attorneys for Plaintiffs
Machado and Garcia

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Dated: July 2, 2013

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General

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/S/SHARON A. GARSKE
SHARON A. GARSKE
Deputy Attorney General
Attorneys for Defendants
CDCR, Cate, and Lewis

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2

Joint Stipulated Req.; [Proposed Order] (C 12-6501 JSC (PR))

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PURSUANT TO STIPULATION, IT IS ORDERED:
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The date for initial disclosures will be reset in accordance with the new date for the

Case Management Conference.

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2.

The Case Management Conference scheduled for July 11, 2013 is vacated.

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3.

The Case Management Conference is rescheduled for

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4.

Plaintiff’s counsel will be permitted to telephonically attend the Case Management

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Conference.
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August 22, 2013 at 1:30 p.m.

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via Court Call (1-888-882-6878)

The new date for exchange of initial disclosures is

August 9, 2013

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Dated:

Juluy 3, 2013

, 2013
Magistrat
United States District Magistrate Judge
Jacqueline Scott Corley

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SF2013404811
20706023.doc

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Joint Stipulated Req.; [Proposed Order] (C 12-6501 JSC (PR))