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

Filing 255

ORDER GRANTING 254 STIPULATION WITH PROPOSED ORDER CONTINUING TRIAL DATE Case Management Statement due by 7/10/2014. Further Telephonic Case Management Conference set for 7/17/2014 02:45 PM. Signed by Judge Saundra Brown Armstrong on 4/15/2014. (ndr, COURT STAFF) (Filed on 4/15/2014)

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KAMALA D. HARRIS
Attorney General of California
MIGUEL A. NERI
FIEL D. TIGNO
Supervising Deputy Attorneys General
KAREN KIYO LOWHURST
State Bar No. 173622
BONNIE J. CHEN
State Bar No. 219394
Deputy Attorneys General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants CDCR and David Mandel
CHRISTOPHER LUNDBERG, Oregon OSB No. 941084
MATTHEW E. MALMSHEIMER, OSB No. 033847
Haglund Kelley Jones & Wilder, LLP
200 S.W. Market Street, Suite 1777
Portland, Oregon 97201
Admitted Pro Hac Vice
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff Brenda Davis

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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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BRENDA DAVIS,

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C 08-4481 SBA
Plaintiffs, STIPULATION AND ORDER
CONTINUING TRIAL DATE

v.
Trial Date:
Time:
Courtroom:
Judge:

May 12, 2014
8:30 a.m.
1, 4th floor
The Honorable Saundra B.
Armstrong
Action Filed: September 24, 2008

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CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,

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Defendants.
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Stipulation and [Proposed] Order Continuing Trial Date (C 08-4481 SBA)

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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 Plaintiff Brenda

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Davis and Defendants California Department of Corrections and Rehabilitation and David

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Mandel hereby stipulate and request that the Court vacate and continue the May 12, 2014 trial

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dates. Defendants are requesting to continue the trial date because Defendant Mandel, the key

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individually named defendant in this matter, has suddenly become severely ill with stage 2

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bladder cancer. Dr. Mandel’s doctor has ordered that he not participate in litigation for the

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remainder of this year. Dr. Mandel is currently undergoing lengthy chemotherapy and surgery,

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and will need to spend the rest of the year on his prescribed treatment and recovery. It would

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greatly impair Dr. Mandel’s health and recovery, should he be forced to participate in litigation

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during this time. Due to the chemotherapy, Dr. Mandel is currently immuno-compromised. Dr.

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Mandel has been ordered to stay away from people, or places where he may pick up an infection,

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cold or virus. Therefore, to force Dr. Mandel to participate in litigation any time during this year

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will greatly impair his recovery. Given Dr. Mandel’s oncologist’s medical opinion, Defendants

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request that the trial be continued to 2015, when Dr. Mandel’s health is restored, and he is

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capable of assisting in his defense. Please see Exhibit A for a true and correct copy of a letter

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from Dr. Mandel’s physician. Plaintiff Brenda Davis does not oppose this request. Accordingly,

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there is good cause for the request.

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Additionally, Plaintiff Brenda Davis respectfully requests that the Court decide the pretrial
motions in limine as scheduled, if possible. Defendants do not object to Plaintiff’s request.

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Stipulation and [Proposed] Order Continuing Trial Date (C 08-4481 SBA)

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Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
MIGUEL A. NERI
FIEL D. TIGNO
Supervising Deputy Attorneys General
KAREN KIYO LOWHURST
Deputy Attorney General

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/s/ Bonnie J. Chen
BONNIE J. CHEN
Deputy Attorney General
Attorneys for Defendants CDCR and David
Mandel

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Respectfully submitted,

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HAGLUND KELLEY JONES & WILDER, LLP

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/s/ Christopher Lundberg
CHRISTOPHER LUNDBERG, ESQ.
Attorneys for Plaintiff Brenda Davis

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ORDER

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The May 6, 2014 pretrial conference and May 12, 2014 trial dates are hereby vacated. The

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Court sets a Telephonic Case Management Conference on July 17, 2014, at 2:45 p.m. The parties

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shall meet and confer prior to the conference and shall prepare a joint Case Management

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Conference Statement which shall be filed no later than seven (7) days prior to the Case

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Management Conference that complies with the Standing Order For All Judges Of The Northern

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District Of California and the Standing Order of this Court. Plaintiffs shall be responsible for

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filing the statement as well as for arranging the conference call. All parties shall be on the line

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and shall call [phone] at the above indicated date and time.

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Dated: 4/15/2014_______________
The Honorable Saundra B. Armstrong

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OK2008900526
90392707.doc
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Stipulation and [Proposed] Order Continuing Trial Date (C 08-4481 SBA)