Radcliffe v. Ayers et al

Filing 13

ORDER re 12 granting as modified Stipulation To Continue The Case Management Conference and Defendant's Motion For Summary Judgment.. Signed by Judge Claudia Wilken on 10/21/09. (scc, COURT STAFF) (Filed on 10/21/2009)

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The Epstein Group Attorneys

Mark Epstein, Esq. Julia M. Adams, Esq.

The Epstein Group

SBN: 159801 SBN: 230795

Attorneys & Counselors at Law 2358 Market Street, Third Floor San Francisco, California 94114 Telephone [phone] Facsimile [phone] e-mail: [e-mail] Attorneys for Plaintiff CARLOS RADCLIFFE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CARLOS RADCLIFFE,

) ) Plaintiff, ) ) vs. ) ) ROBERT L. AYERS, JR., Warden, San ) Quentin State Prison, San Quentin, CA in his ) official capacity; Correctional Officer ) MARINO, individually; AND DOE 1 through ) DOE 20, inclusive, ) ) Defendants. ) ______________________________________ )

CASE NO. C 09-1547 CW AMENDED STIPULATION TO CONTINUE THE CASE MANAGEMENT CONFERENCE; DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; AND ORDER THEREON

The parties, by and through their counsel of record, hereby submit the following Stipulation and [Proposed] Order to Continue the Case Management Conference and Defendants' Motion for Summary Judgment. WHEREAS on October 1, 2009, defendants AYERS and MARINO, filed a Motion for Summary Judgment that is calendared for November 5, 2009, at 2:00 p.m.; and WHEREAS counsel for plaintiff has been in trial in San Francisco Superior Court before Judge James A. Robertson II, since July 31, 2009; and WHEREAS the parties have stipulated to continue the Motion for Summary Judgment to December 3, 2009, at 2:00 p.m.; and WHEREAS a Case Management Conference is scheduled to occur on November 17,

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AMENDED STIPULATION TO CONTINUE

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The Epstein Group Attorneys

2009, two weeks prior to the date the parties have stipulated to set the hearing for the Motion for Summary Judgment; and WHEREAS, as currently set due to the pending Motion for Summary Judgment, the Case Management Conference will not be as productive as intended and would be a waste of the Court's time and resources, which the parties wish to avoid. ACCORDINGLY, the parties do hereby stipulate and request that the Motion for Summary Judgment be continued to December 3, 2009 at 2:00 p.m. and that all related and corresponding dates and deadlines be continued accordingly. The parties further stipulate and request that the Case Management Conference, and all related and corresponding dates and deadlines, be vacated pending the outcome of defendants' Motion for Summary Judgment. The parties further stipulate and request the Case Management Conference be reset to a date no earlier than thirty (30) days following the entry of the Court's Order on defendants' Motion for Summary Judgment, as is convenient for the Court. IT IS SO STIPULATED. DATED: October 20, 2009 THE EPSTEIN GROUP Attorneys & Counselors at Law By:_/s/ Julia M. Adams_______ MARK EPSTEIN JULIA M. ADAMS Attorneys for Plaintiff CARLOS RADCLIFFE DATED: October 20, 2009 ATTORNEY GENERAL OF CALIFORNIA By:_/s/ Julianne Mossler_______ EDMUND G. BROWN, JR. JULIANNE MOSSLER Attorneys for Defendants AYERS and MARINO ORDER By the Order of this Court and stipulation of the parties, defendants' Motion for Summary Judgment will be decided on the papers. The hearing set for November 5, 2009 at
AMENDED STIPULATION TO CONTINUE

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The Epstein Group Attorneys

2:00 p.m. has been vacated. Plaintiffs opposition to the motion will be due November 12, 2009, and any reply will be due November 19, 2009. It is further ordered that the Case Management Conference scheduled for November 17, 2009 at 2:00 p.m. is vacated pending the outcome of defendants' Motion for Summary Judgment and shall be reset for a date not less than thirty (30) days following the entry of the Court's Order on defendants' Motion for Summary Judgment. All related and corresponding dates and deadlines are also hereby vacated.

IT IS SO ORDERED. DATED: October 21, 2009 By:__________________________ HON. CLAUDIA WILKEN United States District Court

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AMENDED STIPULATION TO CONTINUE

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