Sessoms v. Thornton et al

Filing 100

STIPULATION AND ORDER TO EXTEND SUMMARYJUDGMENT AND CASEMANAGEMENT DEADLINES 99 .(whalc2, COURT STAFF) (Filed on 6/15/2015)

1

6

IVOR SAMSON (State Bar No. 52767)
[e-mail]
BONNIE LAU (State Bar No. 246188)
[e-mail]
JESSICA L. DUGGAN (State Bar No. 271703)
[e-mail]
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, California 94105-2708
Telephone:
[phone]
Facsimile:
[phone]

7

Attorneys for Plaintiff TIO DINERO SESSOMS

8

13

KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
SUSAN J. KAWALA (State Bar No. 178612)
[e-mail]
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone:
[phone]
Facsimile:
[phone]

14

Attorneys for Defendant DARRIN BRIGHT

2
3
4
5

9
10
11
12

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18

TIO DINERO SESSOMS,
Plaintiff,

19
20
21
22
23
24
25

Case No. CV 13-0714 WHA (PR)

v.
R.N. HELEN THORNTON; R.N. FRANCES
SSEMPEBWA; DR. EDWARD BIRDSONG;
DR. KUMAR; DR. POMPAN; DR. JOHN
DOWBAK; DR. ELIZABETH B.
SCHNEIDER; DR. T.W. WY; DR. BRIGHT;
DR. A. ADAMS; G. ELLIS; RANDY
GROUNDS,

STIPULATION AND [PROPOSED]
ORDER TO EXTEND SUMMARY
JUDGMENT AND CASE
MANAGEMENT DEADLINES

Defendants.

26
27
28
CASE NO. CV13-00714 WHA (PR)

STIPULATION AND [PROPOSED] ORDER
TO EXTEND SUMMARY JUDGMENT AND
CASE MANAGEMENT DEADLINES

1

STIPULATION

2

Plaintiff Tio Dinero Sessoms and Defendant Darren Bright, by and through their

3

undersigned counsel, respectfully request that the Court enter the following stipulation pursuant

4

to Federal Rule of Civil Procedure 6(b) and Civil Local Rule 6-2 for a brief extension of (1) the

5

opposition and reply brief deadlines and hearing date for Defendant’s motion for summary

6

judgment; and (2) the case management statement deadline and case management conference.

7

In support of this stipulation, the undersigned parties provide the following facts:

8

1.

9

On May 5, 2015, this Court issued an order setting Defendants’ deadline to file a

motion for summary judgment on June 4, 2015. Due to the withdrawal of Plaintiff’s former

10

pro bono counsel, the Court referred the case to the Federal Pro Bono Project and granted

11

Plaintiff a four-week extension of the deadline to respond. The order also stated that the Court

12

“would also consider a reasonable motion to extend or to continue deadlines (where good cause is

13

shown) brought by new appointed pro bono counsel.” (Dkt. 91.)

14

2.

On June 1, 2015, the Court appointed Ivor Samson, Bonnie Lau and Jessica

15

Duggan, all of Dentons US LLP, as pro bono counsel for Plaintiff pursuant to 28 U.S.C.

16

1915(e)(1) and the Court’s Federal Pro Bono Project guidelines. The Court set the briefing

17

schedule on Defendants’ motion for summary judgment as follows: Defendants’ motion for

18

summary judgment due on June 4, 2015; Plaintiff’s opposition brief due on July 16, 2015; and

19

Defendants’ reply brief due on July 23, 2015. The Court scheduled the hearing on the motion for

20

summary judgment on August 13, 2015 at 8:00 a.m. (Dkt. 96.)

21

3.

The Court also ordered the parties to file a joint case management statement

22

pursuant to Civil Local Rule 16-9 no later than August 6, 2015, and scheduled a case

23

management conference on August 13, 2015 at 8:00 a.m. (Dkt. 96).

24
25

4.

Defendant Bright filed a “Supplemental Motion for Summary Judgment” on

June 4, 2015. (Dkt. 98.)

26
27
28
CASE NO. CV13-00714 WHA (PR)

-1-

STIPULATION AND [PROPOSED] ORDER
TO EXTEND SUMMARY JUDGMENT AND
CASE MANAGEMENT DEADLINES

1

5.

Good cause exists to extend the opposition and reply deadlines and hearing date

2

for Defendant Bright’s Supplemental Motion for Summary Judgment, as well as the case

3

management statement deadline and case management conference. Ms. Lau has a Federal Circuit

4

appeal brief due on July 6 and a summary judgment motion due on July 8. Ms. Lau also has a

5

previously-scheduled work trip to Japan from July 13-24 for an investigation in another matter.

6

Ms. Duggan has a post-trial brief due on June 8 and closing arguments in that same trial on June

7

22. In addition, Ms. Duggan has previously-scheduled out-of-state family commitments from

8

July 2-9 and July 30-August 3. Counsel for Defendant Bright, Susan Kawala, has a prepaid

9

vacation from August 9-16, which conflicts with the current hearing date.

10

In light of the above facts, the parties jointly request that the Court briefly extend the

11

summary judgment and case management deadlines, and enter the following stipulation as an

12

Order of the Court:

13

A.

Plaintiff shall file his opposition brief by August 17, 2015.

14

B.

Defendant shall file his reply brief by August 24, 2015.

15

C.

The hearing on Defendant Bright’s Supplemental Motion for Summary Judgment

16

shall be on September 10, 2015 at 8:00 a.m.

17

D.

The case management conference shall be on September 10, 2015 at 8:00 a.m.

18

E.

The parties shall file a joint case management statement no later than September 3,

19

2015.

20

Dated: June 10, 2015

21

Respectfully submitted,
DENTONS US LLP

22
23

BY:

24

/s/ Bonnie Lau
Bonnie Lau

Attorneys for Plaintiff
TIO DINERO SESSOMS

25
26
27
28
CASE NO. CV13-00714 WHA (PR)

-2-

STIPULATION AND [PROPOSED] ORDER
TO EXTEND SUMMARY JUDGMENT AND
CASE MANAGEMENT DEADLINES

1

OFFICE OF THE ATTORNEY GENERAL

2
3

BY:

4

/s/ Susan J. Kawala
Susan J. Kawala

Attorneys for Defendant
DARREN BRIGHT

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. CV13-00714 WHA (PR)

-3-

STIPULATION AND [PROPOSED] ORDER
TO EXTEND SUMMARY JUDGMENT AND
CASE MANAGEMENT DEADLINES

1

PROPOSED ORDER

2

Pursuant to Stipulation and for good cause shown,

3

IT IS SO ORDERED.

4
5

Dated: June 15, 2015.

6

BY:
Hon. William Alsup
United States District Judge

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CASE NO. CV13-00714 WHA (PR)

-4-

STIPULATION AND [PROPOSED] ORDER
TO EXTEND SUMMARY JUDGMENT AND
CASE MANAGEMENT DEADLINES