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

Filing 60

ORDER by Judge Saundra Brown Armstrong DENYING 58 Stipulation to Vacate Pre-Trial Deadlines and Trial Date. Signed by Judge Saundra Brown Armstrong, on 11/30/09. (lrc, COURT STAFF) (Filed on 12/1/2009) Modified on 12/3/2009 (jlm, COURT STAFF). Modified on 12/3/2009 (jlm, COURT STAFF).

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EDMUND G. BROWN JR. Attorney General of California MIGUEL A. NERI FIEL D. TIGNO Supervising Deputy Attorneys General KAREN KIYO HUSTER BONNIE J. CHEN Deputy Attorney General State Bar No. 219394 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, David Mandel, David Archambault, Timothy McCarthy, Jo Ann Van Valkenburgh, Maureen McLean IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

BRENDA DAVIS and DAVID ROY, Plaintiffs, v. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION; DAVID MANDEL, Ph.D.; TIMOTHY McCARTHY, Ph.D.; JOANN VAN VALKENBURGH; MAUREEN McLEAN and DOES 1-100, Defendants.

C 08-4481 SBA ORDER DENYING REQUEST TO VACATING PRE-TRIAL DEADLINES & TRIAL DATE Courtroom: 1, 4th Floor Judge The Honorable Saundra B. Armstrong Trial Date April 12, 2010 Action Filed: September 24, 2008

1 STIPULATED [PROP.] ORDER VACATING PRE-TRIAL DEADLINES & TRIAL DATE (C 08-4481 SBA)

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TO THE HONORABLE COURT AND THE CLERK OF THE COURT: TAKE NOTICE THAT THE undersigned counsel of record for plaintiffs and defendants hereby stipulate and request that the Court enter the following order forthwith: The parties jointly and respectully request that: (1) the current January 10, 2010 discovery cut-off, February 23, 2010 dispositive motion cut-off, and April 12, 2010 trial date be vacated and (2) a case management conference be scheduled. The parties make this request for the following reasons: (1) Plaintiff recently amended the complaint; (2) Defendants' Motion to Dismiss the Second Amended Complaint is currently pending, which will be heard on December 8, 2009; (3) Due to the amending of the complaint and the motion to dismiss, neither party has conducted depositions. As the parties and counsel are spread out over a 300 mile radius, the parties agree that it would be a more expeditious use of resources to conduct depositions after the Court rules on the Motion to Dismiss (in the event that the Court dismisses any claims or parties); (4) The Court's current busy motions calendar will not accept motion hearing dates earlier than Feburary 9, 2010. Therefore, in order for the parties to comply with the motion cut-off deadline of February 23, 2010, they must file their dispositive motions now. This is not possible, because the Motion to Dismiss and depositions are pending; (5) Neither party has thus far unduly delayed the progress of this case. Both parties have litigated this matter in good faith by exchanging and supplementing initial disclosures, participating in the court-mandated ENE, and nearly completing written discovery. /// /// /// /// /// /// ///
2 STIPULATED [PROP.] ORDER VACATING PRE-TRIAL DEADLINES & TRIAL DATE (C 08-4481 SBA)

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For the above-listed reasons, the parties respectfully request that the current discovery and dispositive motion cut-off deadlines and trial date be vacated. The parties also request that in order to reschedule these dates, the Court set a case management conference date after its ruling on the Motion to Dismiss the Second Amended Complaint. Dated: November 19, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California /S/ BONNIE J. CHEN _______________________________ BONNIE J. CHEN Deputy Attorney General Attorneys for Defendants CDCR, Mandel, Archambault, McCarthy, Van Valkenburgh & McLean ABRAHAM N. GOLDMAN & ASSOCIATES, LTD. /S/ ABRAHAM N. GOLDMAN _______________________________ ABRAHAM N. GOLDMAN, ESQ. Attorneys for Plaintiffs Brenda Davis and David Roy ORDER Based on the agreement of the parties, and good cause appearing, it is SO ORDERED. All of the deadlines listed in the Court's January 26, 2009 Order for Pretrial Preparation (Docket No. 24) are hereby vacated. Specifically, the January 11, 2010 discovery cut-off and expert designation deadline, the February 23, 2010 dispositive motion cut-off date, and April 12, 2010 trial date, are hereby vacated. The Court will schedule a further case management conference after its ruling on the Motion to Dismiss the Second Amended Complaint.

Dated: 11/30/09

________________________________ SAUNDRA B. ARMSTRONG United States District Judge

OK2008900526 90130112.doc 3 STIPULATED [PROP.] ORDER VACATING PRE-TRIAL DEADLINES & TRIAL DATE (C 08-4481 SBA)