Henderson v. Hernandez et al

Filing 120

STIPULATION AND ORDER re 119 STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference 21 Days, to 05/30/2018 filed by Johndell Henderson Case Management Statement due by 5/23/2018. Initial Case Management Conference set for 5/30/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor. Signed by Judge Jon S. Tigar on April 26, 2018. (wsn, COURT STAFF) (Filed on 4/26/2018)

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Michael W. Melendez (SBN 125895)
Teri Mae Rutledge (SBN 261229)
COZEN O'CONNOR
101 Montgomery Street, Suite 1400
San Francisco, CA 94104
Tel:
415.644.0914
Fax:
415.644.0978
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff
JOHNDELL HENDERSON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHNDELL HENDERSON,
Plaintiff,

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Case No.: 3:14-cv-01857-JST
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE
21 DAYS, TO 05/30/2018

v.
CAROLYN HERNANDEZ; W.L. MUNIZ, et al.
,

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Judge:

Hon. Jon S. Tigar

Defendants.

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Because newly retained counsel for the plaintiff will be making their initial contact with

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plaintiff on Friday, April 27, 2018, the parties stipulate to a short, 21-day continuance of the case

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management conference, currently scheduled for May 9, 2018, to May 30, 2018.

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RECITALS
1.

On March 5, 2018, the Court appointed counsel for the plaintiff, Johndell Henderson,

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and set a case management conference date of May 9, 2018 at 2:00 pm. (Order, Mar. 5, 2018, ECF

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No. 117.)

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2.

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Thereafter, appointed counsel for Mr. Henderson have written to him, sending him a

retention agreement and requesting contact via telephone and by in-person visit.
3.

Counsel for Mr. Henderson also began the process to obtain authorization from his

institution for an in-person visit.
LEGAL\35592807\1

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CASE NO.: 3:14-CV-01857-JST
JOINT STIPULATION TO CONTINUE CMC 21 DAYS, TO 05/30/2018

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4.

Thereafter, on April 20, 2018, counsel for Mr. Henderson were approved for an in-

person visit with plaintiff him on April 27, 2018.
5.

Thereafter, on April 24, 2018, counsel for Mr. Henderson received his signed

retention agreement.
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During this period, counsel for the defendants were also communicating with the

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plaintiff’s counsel respecting agreements the parties may reach regarding discovery and other issues.

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Counsel believe they will confer early next week (April 30-May 4).

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7.

Counsel for plaintiff believe that consulting with Mr. Henderson is necessary for a

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productive case management conference, and wish to allow for any contingencies that might arise

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respecting their scheduled visit on April 27, 2018 (such as a lockdown or any other circumstance

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that would necessitate rescheduling the visit) to ensure it occurs before the conference and the joint

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statement deadline a week prior.

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STIPULATION
Because counsel for Mr. Henderson require additional time to make contact with their newly

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retained client in order for the case management conference to be productive, and wish a short

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amount of time to address any contingencies that may arise regarding their initial conference with

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their client on April 27, 2018, the plaintiff respectfully requests, and the defendants agree, that the

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case management conference be continued 21 days to May 30 at 2:00 p.m., or to a date thereafter

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most convenient to the Court.

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Dated: April 25, 2018

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By: /s/ Theresa Mae Rutledge
Michael W. Melendez
Theresa Mae Rutledge
Attorneys for Plaintiff
JOHNDELL HENDERSON

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COZEN O'CONNOR

Dated: April 25, 2018

OFFICE OF THE ATTORNEY GENERAL

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By: /s/ Jeffrey T. Fisher
Ian M. Ellis
Jeffrey T. Fisher
Attorneys for Defendants
CAROLYN HERNANDEZ and W.L. MUNIZ

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LEGAL\35592807\1

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CASE NO.: 3:14-CV-01857-JST
JOINT STIPULATION TO CONTINUE CMC 21 DAYS, TO 05/30/2018

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ATTESTATION UNDER NORTHERN DISTRICT OF CALIFORNIA, CIVIL LOCAL RULE 5-1(i)

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I, Theresa Mae Rutledge, attest and declare as follows:

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Concurrence in the filing of this document has been obtained from all signatories, and shall

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serve in lieu of their signatures on the document.
I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Signed on April 25, 2018 in San Francisco, California.

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By: /s/ Theresa Mae Rutledge
Theresa Mae Rutledge
Attorneys for Plaintiff
JOHNDELL HENDERSON

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LEGAL\35592807\1

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CASE NO.: 3:14-CV-01857-JST
JOINT STIPULATION TO CONTINUE CMC 21 DAYS, TO 05/30/2018

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ORDER

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PURSUANT TO STIPULATION, AND BASED ON GOOD CAUSE, THE CASE

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MANAGEMENT CONFERENCE IS CONTINUED 21 DAYS TO MAY 30, 2018, AT 2:00 P.M.

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IT IS SO ORDERED.

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Dated: ________________________
April 26, 2018
THE HONORABLE JON S. TIGAR
UNITED STATE DISTRICT COURT JUDGE
NORTHERN DISTRICT OF CALIFORNIA

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LEGAL\35592807\1

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CASE NO.: 3:14-CV-01857-JST
JOINT STIPULATION TO CONTINUE CMC 21 DAYS, TO 05/30/2018