Uribe v. Babienco et al

Filing 47

46 STIPULATED ADMINISTRATIVE MOTION TO REQUEST CONTINUANCE OF DEADLINE TO COMPLETE MEDIATION.(whalc2, COURT STAFF) (Filed on 3/27/2015)

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KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
GRAYSON W. (TREY) MARSHALL, III
Deputy Attorney General
State Bar No. 280409
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Philip Babienco

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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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No. C 13-1106 WHA

CESAR URIBE,

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Plaintiffs, STIPULATED ADMINISTRATIVE
MOTION TO REQUEST CONTINUANCE
OF DEADLINE TO COMPLETE
MEDIATION

v.

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PHILIP BABIENCO,

[Civil L.R. 7-11, 16-2]

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Defendant.
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Stip. Admin. Motion Continuance of Deadline to Complete Mediation (No. C 13-1106 WHA)

STIPULATED ADMINISTRATIVE MOTION TO REQUEST
CONTINUANCE OF DEADLINE TO COMPLETE MEDIATION

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Plaintiff Cesar Uribe and Defendant Philip Babienco, by and through their counsel of record,

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hereby stipulate to and request that the Court continue the deadline to complete mediation in this

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matter until June 16, 2015.

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A. Nature of Action; Procedural Status

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Plaintiff Cesar Uribe is a California prisoner alleging violation of his federal civil rights

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under 42 U.S.C. § 1983, and medical malpractice, related to his dental care at the Correctional

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Training Facility in Soledad, California.
On September 16, 2014, the Court granted in part, and denied in part, Defendants’ motion

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for summary judgment, and referred the case to the Pro Se Prisoner Mediation Program. The

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Court stayed all proceedings pending a mediation session to occur within 120 days. ECF No. 34.

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Mediation was set for January 7, 2015. All counsel appeared on that date, but Plaintiff, who

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is incarcerated, was unavailable to participate telephonically, as anticipated by the Court and

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parties. Plaintiff’s counsel indicated a desire to take the deposition of Defendant Babienco, and

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the parties agreed to return for further status conference with Judge Vadas.
A status conference was held on March 17, 2015. The parties, and the Court, agreed to a

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further mediation session on June 16, 2015, the first available date for the parties and Court.

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B. Grounds for Request

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Given that inmate Uribe was unavailable at the last mediation, along with the additional

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discovery that has occurred, the parties agree that a further mediation session is appropriate in this

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matter. Therefore, the parties request the Court continue the deadline to complete mediation up

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to, and including, June 16, 2015.

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Stip. Admin. Motion Continuance of Deadline to Complete Mediation (No. C 13-1106 WHA)

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DATED: March 25, 2015

DECHERT LLP

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By:

/s/ Nisha N. Patel
NISHA N. PATEL
Attorneys for Plaintiff
CESAR URIBE

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DATED: March 25, 2015

KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General

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By:

/s/ Grayson W. Marshall, III
GRAYSON W. MARSHALL, III
Deputy Attorney General
Attorneys for Defendant
PHILIP BABIENCO

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Stip. Admin. Motion Continuance of Deadline to Complete Mediation (No. C 13-1106 WHA)

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KAMALA D. HARRIS
Attorney General of California
JOHN P. DEVINE
Supervising Deputy Attorney General
GRAYSON W. (TREY) MARSHALL, III
Deputy Attorney General
State Bar No. 280409
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Philip Babienco

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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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No. C 13-1106 WHA

CESAR URIBE,

v.

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PHILIP BABIENCO,

Plaintiffs, [PROPOSED] ORDER GRANTING
STIPULATED ADMINISTRATIVE
MOTION TO REQUEST CONTINUANCE
OF DEADLINE TO COMPLETE
MEDIATION

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Defendant. [Civil L.R. 7-11, 16-2]
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[Proposed] Order Granting Administrative Motion to Continue Deadline for Mediation (No. C 13-1106 WHA)

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The Court, having considered the parties’ Stipulated Motion for Administrative Relief,

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Pursuant to Civil Local Rules 7-11 and 16-2(d), for continuance of the deadline to complete

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mediation, hereby orders as follows:

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IT IS HEREBY ORDERED that the Motion is GRANTED. The deadline for mediation in

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this matter is continued until June 16, 2015.

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March 27, 2015.
Dated: _______________________

____________________________
Honorable William H. Alsup
United States District Judge

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[Proposed] Order Granting Administrative Motion to Continue Deadline for Mediation (No. C 13-1106 WHA)