Armstrong, et al v. Davis, et al

Filing 2917

ORDER by Judge Claudia Wilken. Granting 2916 Stipulation TO SET BRIEFING SCHEDULE AND ALLOW MEMORANDA IN EXCESS OF TWENTY-FIVE PAGES. Motions due by 2/28/2020, Responses due by 4/27/2020, Replies due by 5/11/2020 and Motion Hearing set for 5/19/2020 02:30 PM before Judge Claudia Wilken. (amgS, COURT STAFF) (Filed on 2/26/2020)

1 DONALD SPECTER – 083925
RITA K. LOMIO – 254501
2 MARGOT MENDELSON – 268583
PRISON LAW OFFICE
3 1917 Fifth Street
Berkeley, California 94710-1916
4 Telephone: [phone]
Facsimile: [phone]
5
MICHAEL W. BIEN – 096891
6 GAY C. GRUNFELD – 121944
PENNY GODBOLD – 226925
7 MICHAEL FREEDMAN – 262850
ROSEN BIEN
8 GALVAN & GRUNFELD LLP
101 Mission Street, Sixth Floor
9 San Francisco, California 94105-1738
Telephone: [phone]
10 Facsimile: [phone]
11 LINDA D. KILB – 136101
DISABILITY RIGHTS EDUCATION &
12 DEFENSE FUND, INC.
3075 Adeline Street, Suite 201
13 Berkeley, California 94703
Telephone: [phone]
14 Facsimile: [phone]
15 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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20 JOHN ARMSTRONG, et al.,
Plaintiffs,

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v.

23 GAVIN NEWSOM, et al.,
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Case No. C94 2307 CW
STIPULATION AND ORDER TO
SET BRIEFING SCHEDULE AND
ALLOW MEMORANDA IN
EXCESS OF TWENTY-FIVE
PAGES

Defendants.

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[3504129.2]

Case No. C94 2307 CW
STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND ALLOW MEMORANDA IN EXCESS
OF TWENTY-FIVE PAGES

1

Plaintiffs will shortly file a Motion to Stop Defendants From Assaulting, Abusing

2 and Retaliating Against People With Disabilities at R. J. Donovan Correctional Facility
3 (“Plaintiffs’ Motion”). Plaintiffs have requested and Defendants have agreed that
4 Plaintiffs’ opening Memorandum of Points and Authorities and Defendants’ Memorandum
5 of Points and Authorities in Opposition may exceed the twenty-five page limit set by
6 Northern District Local Rule 7-4 (b). The opening and opposition memoranda shall not
7 exceed 45 pages in length. Plaintiffs contend that the additional pages are necessary due to
8 the extensive and detailed factual allegations that they plan to present regarding the
9 experiences of Armstrong class members and the lengthy procedural history and remedial
10 negotiations between the parties in this case.
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The Parties have met and conferred regarding a briefing schedule for Plaintiffs’

12 Motion. Defendants request 60 days in which to oppose Plaintiffs’ Motion. To
13 accommodate this request and the Court’s published hearing schedule, the Parties agree
14 that Plaintiffs’ Motion shall be heard on May 19, 2020. Plaintiffs’ Motion will be filed no
15 later than February 28, 2020; Defendants’ Opposition will be filed no later than April 27,
16 2020; and Plaintiffs’ reply will be filed no later than May 11, 2020.
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IT IS SO STIPULATED.

18 DATED: February 25, 2020

ROSEN BIEN GALVAN & GRUNFELD LLP

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By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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Attorneys for Plaintiffs

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[3504129.2]

Case No. C94 2307 CW
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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND ALLOW MEMORANDA IN EXCESS
OF TWENTY-FIVE PAGES

1 DATED: February 25, 2020
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XAVIER BECERRA
Attorney General of the State of California
By: /s/ Joanna B. Hood
Joanna B. Hood

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Acting Supervising Deputy Attorney General

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Attorneys for Defendants

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ORDER

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Having reviewed the above Stipulation of the parties, and good cause appearing, it

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9 is ORDERED that Plaintiffs’ Memorandum of Points and Authorities in support of their
10 Motion may be up to forty-five pages in length and Defendants’ Memorandum of Points
11 and Authorities in Opposition to that Motion may be also be up to forty-five pages in
12 length.
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Plaintiffs’ Motion shall be heard on May 19, 2020. Plaintiffs’ Motion will be filed

14 no later than February 28, 2020; Defendants’ Opposition will be filed no later than
15 April 27, 2020 and Plaintiffs’ reply will be filed no later than May 11, 2020.
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IT IS SO ORDERED.

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18 DATED: February 26, 2020
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Honorable Claudia Wilken
United States District Judge

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[3504129.2]

Case No. C94 2307 CW
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STIPULATION AND ORDER TO SET BRIEFING SCHEDULE AND ALLOW MEMORANDA IN EXCESS
OF TWENTY-FIVE PAGES