Perry v. Chappell

Filing 31

MODIFIED ORDER GRANTING STIPULATION to Continue Defendants Responsive Pleading Due Date and Case Management Conference Date 30 . Joint Case Management Statement and Defendant R. Turner's consent or declination due by 9/9/2015. Case Management Conference set for 9/16/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 7/15/2015. (lmh, COURT STAFF) (Filed on 7/15/2015)

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KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General
KYLE A. LEWIS
Deputy Attorney General
State Bar No. 201041
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant Chappell

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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 JOSE DIVISION

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Case No. 14-CV-04111 NC
MARK STEPHEN PERRY,

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v.

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KEVIN CHAPPELL, et al.,

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STIPULATION AND MODIFIED ORDER
Plaintiff, TO CONTINUE DEFENDANT’S
RESPONSIVE PLEADING DUE DATE
AND CASE MANAGEMENT
CONFERENCE DATE
Judge:

The Honorable Nathanael
Cousins
Defendants. Trial Date:
None
Action Filed: September 10, 2014

Plaintiff Mark Stephen Perry (Plaintiff) and Defendant K. Chappell (Defendant), through
their undersigned counsel of record, stipulate and agree as follows:
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On September 10, 2014, Plaintiff commenced this action, filing his

original complaint entitled Mark Stephen Perry v. Kevin Chappell, et al. (ECF No. 1.)
2.

On September 11, 2014, Magistrate Judge Nathanial Cousins issued the Order Setting

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Initial Case Management Conference and Alternative Dispute Resolution (ADR) Deadlines.

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(ECF No. 4). The Court scheduled the Case Management Conference for December 10, 2014,

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with the Case Management Statement due on December 3, 2014. (Id.)

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Stip. & Order Cont. Def.’s Responsive Pleading & Case Manage. Conf. Date (14-CV-04111 NC)

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3.

On October 22, 2014, the Court issued Summons to Defendant and Instructions

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regarding service of process to the U.S. Marshal’s Service for the Northern District of California.

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(ECF No. 9.)

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4.

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On December 2, 2014, the Clerk of the Court issued a notice continuing the Initial

Case Management Conference to January 7, 2015 at 10:00 AM. (ECF No. 12.)
5.

On December 10, 2014, Defendant executed a Notice of Receipt and

Acknowledgment of Summons. (ECF No. 14.)

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6.

On December 31, 2014, Defendant answered Plaintiff’s complaint. (ECF No. 21.)

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7.

On January 6, 2015, the parties submitted a Joint Stipulation and Proposed Order

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moving the Case Management Conference so that the parties could engage in further discovery

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regarding the matter. (ECF No. 22.) The Court approved the stipulation and rescheduled the

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conference to April 15, 2015. (ECF No. 24.)

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8.

On April 8, 2015, the parties submitted an initial Joint Case Management Statement,

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noting their cooperation concerning assessment of the claims and defenses in the matter and

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ongoing informal discovery. (ECF No. 25.)

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9.

On April 10, 2015, the Court issued a Case Management Order directing that the last

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day to amend pleadings and add parties was June 12, 2015 and setting a further Case

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Management Conference for July 22, 2015. (ECF No. 26.)

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10.

On May 15, 2015, counsel for the parties conducted an ADR teleconference with the

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Northern District’s ADR Program Director. After discussing the parties’ ongoing assessment of

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the case, the parties agreed to a further ADR conference on July 21, 2014. (See Court Docket.)

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11.

On June 12, 2015, Plaintiff filed an amended complaint, adding Defendant R. Turner.

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(ECF No. 27.)

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12.

On July 2, 2015, the Court directed the Clerk of the Court to issue a summons for

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Defendant Turner on the amended complaint. (ECF No. 28.) The Clerk issued a summons on

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July 7, 2015. (ECF No. 28.)

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13.

The parties jointly request that the Court extend the date for Defendants to respond to

Plaintiff’s amended complaint and extend dates regarding the upcoming Case Management
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Stip. & Order Cont. Def.’s Responsive Pleading & Case Manage. Conf. Date (14-CV-04111 NC)

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Conference. Plaintiff recently filed an amended complaint, and the parties have completed

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informal discovery and are currently assessing their respective positions and the merits of the

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case. The additional requested time will allow the parties to explore resolving this matter before

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engaging in protracted litigation and the unnecessary expense of resources. So that the parties

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can consider resolution of the case and better use the Court’s time and resources, the parties

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respectfully request that the Court extend dates as detailed below. Because no other dates have

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been set, and given the early stage of the litigation, the requested time modification has no impact

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on the case’s schedule.

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ACCORDINGLY, the parties stipulate and respectfully request that the Court issue an

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order continuing relevant procedural dates in the suit and deadlines set forth in the April 10, 2015

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Case Management Order as follows:

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September 4, 2015

Defendants’ Answer or Responsive Pleading due

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September 9, 2015

Case Conference Statement due

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September 16, 2015

Case Management Conference

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IT IS SO STIPULATED.

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Dated:

7/7/2015

Mark W. Kelsey
Law Offices of Mark W. Kelsey
Attorney for Plaintiff Mark Perry

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Dated:

7/7/2015

/s/ Kyle A. Lewis

Kyle A. Lewis 1
California Attorney General's Office
Attorneys for Defendant K. Chappell

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/s/ Mark W. Kelsey

SF2014410457
20757548.doc

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In accordance with Civil L.R. 5-1(i)(3), counsel for Defendant attests that concurrence in
the filing of this stipulation has been obtained from Plaintiff’s counsel.
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Stip. & Order Cont. Def.’s Responsive Pleading & Case Manage. Conf. Date (14-CV-04111 NC)

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ORDER

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Having reviewed and considered the Joint Stipulation of the parties, and good cause

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appearing therefor, IT IS HEREBY ORDERED that relevant dates in this action and deadlines set

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forth in the Court’s April 10, 2015 Case Management Order be continued as follows:

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September 4, 2015

Defendants’ Answer or Responsive Pleading due

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September 9, 2015

Case Conference Statement due. Defendant R. Turner
must file consent or declination by this date.

September 16, 2015

Case Management Conference set for 10:00 a.m. in
Courtroom 7, 4th Floor, San Jose.

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Cousins

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NATHANAEL M. COUSINS D
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Magistrate Judge ORDE
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United States District Court D
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July 15, 2015

UNIT
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Dated:

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Stip. & Order Cont. Def.’s Responsive Pleading & Case Manage. Conf. Date (14-CV-04111 NC)