Davis et al v. California Department of Corrections and Rehabilitation et al

Filing 230

ORDER by Judge Saundra Brown Armstrong Granting 229 Stipulation Continuing Deadline for Responses and Replies to Motions in Limine/Objections to Evidence. (ndr, COURT STAFF) (Filed on 9/26/2013)

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Christopher Lundberg, OSB No. 941084
Matthew E. Malmsheimer, OSB No. 033847
Haglund Kelley LLP
200 S.W Market Street, Suite 1777
Portland, Oregon 97201
Admitted Pro Hac Vice
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
David Springfield, Calif. SBN 226630
The Springfield Law Firm
P.O. Box 660 / 12896 Rices Crossing Road
Oregon House, CA 95962
Tel.: [phone]
Fax:
[phone]
Email: [e-mail]
Attorneys for Plaintiffs
BRENDA DAVIS and
DAVID ROY

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BRENDA DAVIS and DAVID ROY,

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Plaintiffs,

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v.
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CALIFORNIA DEPARTMENT OF
CORRECTIONS et al.,
Defendants.

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Case No: 4:08-cv-04481-SBA
STIPULATION AND [PROPOSED]
ORDER CONTINUING DEADLINE FOR
RESPONSES AND REPLIES
TO MOTIONS IN LIMINE/OBJECTIONS
TO EVIDENCE
Courtroom: 1, 4th Floor
Judge: The Honorable Saundra B. Armstrong
Trial Date: October 28, 2013
Action Filed: September 4, 2008

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR
RESPONSES AND REPLIES TO MOTIONS IN LIMINE/OBJECTIONS TO EVIDENCE
Case No. 4:08-cv-04481-SBA

0000018052H073 PL25

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TO THE HONORABLE COURT AND THE CLERK OF THE COURT:
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PLEASE TAKE NOTICE THAT THE undersigned counsel of record for plaintiffs

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and defendants hereby stipulate and request that the Court enter the following order:
The parties jointly and respectfully request that the deadlines to file their Responses

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to Motions in Limine/Objections to Evidence, and the Replies to those Responses, be continued

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by an additional week. The current deadline for the Responses to Motions in Limine and

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Objections to Evidence is October 1, 2013. The current deadline for Replies is October 8, 2013.

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Dkt. 194. The Pretrial Conference is scheduled for October 22, 2013. Id. However, counsel for

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plaintiff are currently responding to a potentially dispositive motion in another case which will

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significantly interfere with their ability to adequately respond to defendant's Motions in Limine

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under the current deadlines. The requested continuance would make the Responses due on

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October 8, 2013 and the Replies thereto due on October 15, 2013. The requested extension will

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track the deadlines set forth in this Court's Standing Order for Pretrial Preparation of Civil Cases,

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p. 5, ¶¶ 4 & 5 -- i.e., 14-days prior to the Pretrial Conference for Responses and 7-days prior to
the Pretrial Conference for Replies. It also will not affect any of the other scheduled deadlines.

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Accordingly, there is good cause for the requested set over.
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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR
RESPONSES AND REPLIES TO MOTIONS IN LIMINE/OBJECTIONS TO EVIDENCE
Case No. 4:08-cv-04481-SBA

0000018052H073 PL25

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Respectfully submitted,
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Dated: September 26th , 2013

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EDMUND G. BROWN JR.
Attorney General of California

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By: /s/ Karen Kiyo Lowhurst
Karen Kiyo Lowhurst,
Bonnie Chen, Calif SBN 219349
Deputy Attorneys General
Attorneys for Defendants CDCR, Mandel, &
McCarthy

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Dated: September 26th , 2013

HAGLUND KELLEY LLP

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By: /s/ Christopher Lundberg____
Christopher Lundberg, Oregon OSB No. 941084
Matthew E. Malmsheimer, OSB No. 033847
Admitted Pro Hac Vice
David Springfield, Calif. SBN 226630
Attorneys for Plaintiff

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Based on the agreement of the parties, and good cause appearing, it is SO

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ORDERED. The parties' Responses to Motions in Limine and Objections to Evidence shall be

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filed no later than October 8, 2013. The Replies thereto shall be filed no later than October 15,

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2013.

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9/26/2013
Dated: __________________

____________________________
SAUNDRA B. ARMSTRONG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR
RESPONSES AND REPLIES TO MOTIONS IN LIMINE/OBJECTIONS TO EVIDENCE
Case No. 4:08-cv-04481-SBA

0000018052H073 PL25

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CERTIFICATE OF SERVICE
I hereby certify that on the 26th day of September, 2013, I served the foregoing

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Stipulation and [Proposed] Order Continuing Deadline for Responses and Replies to Motions in
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Limine/Objections to Evidence, on the following:
Karen Kiyo Lowhurst
Bonnie J. Chen
Deputy Attorneys General
1515 Clay Street, 20th Floor
PO Box 70550
Oakland CA 94612-0550
Attorneys for Defendants

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by the following indicated method(s):
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by mailing a full, true and correct copy thereof in a sealed first-class postage prepaid
envelope, addressed to the foregoing attorney(s) at the last known office address of the
attorney(s), and deposited with the United States Post Office at Portland, Oregon on the
date set forth above.

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by causing a full, true and correct copy thereof to be hand delivered to the attorney(s) at
the last known address listed above on the date set forth above.

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by sending a full, true and correct copy thereof via overnight mail in a sealed, prepaid
envelope, addressed to the attorney(s) as shown above on the date set forth above.
by faxing a full, true and correct copy thereof to the attorney(s) at the fax number shown
above, which is the last-known fax number for the attorney(s)’ office on the date set forth
above.

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by transmitting full, true and correct copies thereof to the attorney(s) through the court’s
Cm/ECF system on the date set forth above.

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/s/Matthew E. Malmsheimer

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STIPULATION AND [PROPOSED] ORDER CONTINUING DEADLINE FOR
RESPONSES AND REPLIES TO MOTIONS IN LIMINE/OBJECTIONS TO EVIDENCE
Case No. 4:08-cv-04481-SBA

0000018052H073 PL25

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