Armstrong, et al v. Davis, et al

Filing 2450

ORDER by Judge Claudia Wilken Granting 2449 Stipulation TO CHANGE TIME TO FILE OPPOSITION AND REPLY PAPERS, AND TO MOVE THE DECEMBER 4, 2014 HEARING DATE. (ndr, COURT STAFF) (Filed on 11/6/2014)

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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
JAY M. GOLDMAN
Supervising Deputy Attorney General
MICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

PRISON LAW OFFICE
REBEKAH EVENSON, ESQ. - 207825
PENNY GODBOLD, ESQ. -226925
1917 Fifth Street
Berkeley, CA 94107
Telephone: [phone]
ROSEN, BIEN & GALVAN, LLP
GAY GRUNFELD, ESQ. - 121944
315 Montgomery Street, Tenth Floor
San Francisco, CA 94104
Telephone: [phone]
Attorneys for Plaintiffs

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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JOHN ARMSTRONG, et al.,

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Plaintiffs, STIPULATION AND [PROPOSED]
ORDER TO CHANGE TIME TO FILE
v.
OPPOSITION AND REPLY PAPERS,
AND TO MOVE THE DECEMBER 4,
2014 HEARING DATE ON PLAINTIFFS’
EDMUND G. BROWN JR., et. al.,
MOTION FOR A FURTHER
ENFORCEMENT ORDER TO
Defendants. PROHIBIT DEFENDANTS FROM
HOUSING CLASS MEMBERS IN
ADMINISTRATIVE SEGREGATION
DUE TO LACK OF ACCESSIBLE
HOUSING

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C 94-2307 CW

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Date:
Time:
Dept:
Judge:

December 4, 2014
2:00 p.m.
Courtroom 2
The Honorable Claudia Wilken

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Stip. and [Prop.] Order to Change Time for Opp’n, Reply, and Hearing (C 94-2307 CW)

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Plaintiffs have filed a Motion for a Further Enforcement Order to Prohibit Defendants from

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Housing Class Members in Administrative Segregation Due to a Lack of Accessible Housing.

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Defendants’ opposition is currently due on November 10, 2014, Plaintiffs’ reply is due by

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November 24, 2014, and this matter is set for hearing on December 4, 2014 at 2:00 p.m.

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The parties have agreed and stipulate to change the deadline for Defendants to file their

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opposition from November 10 to December 8, 2014, move Plaintiffs’ deadline to file a reply from

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November 24 to December 22, 2014, and move the December 4, 2014 hearing to January 8, 2015

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at 2:00 p.m., or as soon thereafter as the matter may be heard. As explained in the declaration of

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Michael J. Quinn in support, good cause exists to grant this motion. The parties have agreed to

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meet to discuss, with the aid of court expert Edward Swanson, the subject raised in Plaintiffs’

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pending motion, and require additional time to do so. Therefore, under Civil Local Rules 6-2 and

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7-12, the parties submit this stipulation and proposed order.

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Stip. and [Prop.] Order to Change Time for Opp’n, Reply, and Hearing (C 94-2307 CW)

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IT IS SO STIPULATED.
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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
Supervising Deputy Attorney General
JAY M. GOLDMAN
Supervising Deputy Attorney General
Michael J. Quinn
Deputy Attorney General

DATED: November 4, 2014

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/s/ Michael J. Quinn
MICHAEL J. QUINN
Deputy Attorney General
Attorneys for Defendants

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DATED: November 4, 2014

PRISON LAW OFFICE

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/s/ Rebekah Evenson
REBEKAH EVENSON
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION,
IT IS SO ORDERED:

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____________________________________
THE HONORABLE CLAUDIA WILKEN
United States District Judge

Dated:______________
11/6/2014
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Stip. and [Prop.] Order to Change Time for Opp’n, Reply, and Hearing (C 94-2307 CW)

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ATTESTATION OF FILING
Pursuant to L.R. 5-1(i)(3), I, Michael J. Quinn, hereby attest that concurrence in the filing

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of this Joint Stipulation and [Proposed] Order to Change Time to File Opposition and Reply

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Papers, and to Move the December 4, 2014 Hearing Date on Plaintiffs’ Motion for a Further

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Enforcement Order to Prohibit Defendants from Housing Class Members in Administrative

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Segregation Due to a Lack of Accessible Housing, under Civil Local Rules 6-2 and 7-12, has

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been obtained from Plaintiffs’ counsel, Rebekah Evenson.

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/s/Michael J. Quinn
MICHAEL J. QUINN
Deputy Attorney General
Attorneys for Defendants

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CF1997CS0005
41124612.doc

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Stip. and [Prop.] Order to Change Time for Opp’n, Reply, and Hearing (C 94-2307 CW)

CERTIFICATE OF SERVICE
Case Name:

Armstrong v. Edmund G.
Brown, Jr., et al.

No.

C 94-2307 CW

I hereby certify that on November 4, 2014, I electronically filed the following documents with
the Clerk of the Court by using the CM/ECF system:
1. STIPULATION AND [PROPOSED] ORDER TO CHANGE TIME TO FILE
OPPOSITION AND REPLY PAPERS, AND TO MOVE THE DECEMBER 4, 2014
HEARING DATE ON PLAINTIFFS’ MOTION FOR A FURTHER ENFORCEMENT
ORDER TO PROHIBIT DEFENDANTS FROM HOUSING CLASS MEMBERS IN
ADMINISTRATIVE SEGREGATION DUE TO LACK OF ACCESSIBLE HOUSING
2. DECLARATION OF MICHAEL QUINN IN SUPPORT OF THE PARTIES’
STIPULATION TO CHANGE TIME FOR OPPOSITION AND REPLY PAPERS, AND
TO MOVE THE DECEMBER 4, 2014 HEARING DATE ON PLAINTIFFS’ MOTION
FOR A FURTHER ENFORCEMENT ORDER TO PROHIBIT DEFENDANTS FROM
HOUSING CLASS MEMBERS IN ADMINISTRATIVE SEGREGATION DUE TO
LACK OF ACCESSIBLE HOUSING
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on November 4, 2014, at San Francisco,
California.

D. Criswell
Declarant
41124645.doc

s/ D. Criswell
Signature