Martinez et al v. Schwarzenegger et al

Filing 425

ORDER GRANTING 424 Stipulation CONTINUING DEADLINES. Case Management Statement due by 11/10/2011. Further Case Management Conference set for 11/17/2011 02:00 PM. Signed by Judge CLAUDIA WILKEN on 8/16/2011. (ndr, COURT STAFF) (Filed on 8/16/2011)

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STEPHEN P. BERZON (SBN 46540)
SCOTT A. KRONLAND (SBN 171693)
STACEY M. LEYTON (SBN 203827)
PEDER J. THOREEN (SBN 217081)
ANNE N. ARKUSH (SBN 254985)
Altshuler Berzon LLP
177 Post Street, Suite 300
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/OAKLAND DIVISION

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LYDIA DOMINGUEZ, et al.,

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Plaintiffs,
v.
EDMUND G. BROWN, Jr., et al,
Defendants.

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Case No. C 09-02306 CW
CLASS ACTION
STIPULATION AND ORDER
CONTINUING DEADLINES

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Stipulation and Order Continuing Deadlines
Case No. C09-02306 CW

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WHEREAS, the United States Supreme Court granted review of the decision issued by the

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United States Court of Appeals for the Ninth Circuit affirming the preliminary injunction in this case, in

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the consolidated cases of Douglas (formerly Maxwell-Jolly) v. Independent Living Center of Southern

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California, U.S. Supreme Court Case No. 09-958, Douglas v. California Pharmacists Ass’n, U.S.

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Supreme Court Case No. 09-1158; and Douglas v Santa Rosa Memorial Hospital, U.S. Supreme Court

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Case No. 10-283; and

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WHEREAS, these consolidated cases have been set for oral argument in the United States
Supreme Court on October 3, 2011; and

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WHEREAS, this Court previously signed a stipulation and order staying the case pending

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disposition of Douglas v. California Pharmacists Ass’n, U.S. Supreme Court Case No. 09-1158, except

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that the Court can lift this stay at any time and any party can lift this stay upon three (3) calendar days’

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prior written notice to the Court and all other parties; and

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WHEREAS, that stay remains in place at the present time; and

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WHEREAS, this Court’s prior order stated that, absent a further stipulation or order of the Court,

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the dates set for court appearances will remain on calendar; and

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WHEREAS, the parties agree that it would more efficient for Court and the parties to vacate the

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dates on the court’s calendar for the pretrial conference currently scheduled for November 22, 2011 and

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the two week trial currently schedule to start on December 5, 2011 pending resolution of Douglas v.

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California Pharmacists Ass’n, U.S. Supreme Court Case No. 09-1158.

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IT IS HEREBY STIPULATED between the parties through their respective counsel that, subject

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to Court approval,

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1.

The further case management conference scheduled for August 25, 2011 is taken off
calendar.

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2.

The further case management conference will be rescheduled for November 17, 2011.

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3.

The parties, by filing another Stipulation and Order, may request an earlier or later date

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for the further case management conference.

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Stipulation and Order Continuing Deadlines
Case No. C09-02306 CW

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4.

The pretrial conference currently scheduled for November 22, 2011 and the two week

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trial currently schedule to start on December 5, 2011 are vacated and will be reset after

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the stay currently in place is lifted.

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Dated: August 12, 2011

Respectfully submitted,
STEPHEN P. BERZON
SCOTT A. KRONLAND
STACEY M. LEYTON
PEDER J. THOREEN
ANNE N. ARKUSH
Altshuler Berzon LLP

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By:

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Dated: August 12, 2011

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/s/ Stacey M. Leyton
Attorneys for Plaintiffs

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General
JENNIFER A. BUNSHOFT
Deputy Attorney General

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By:

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/s/ Susan M. Carson
Attorneys for State Defendants

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Dated: August 12, 2011

Respectfully submitted,

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MICHAEL G. WOODS
TIMOTHY J. BUCHANAN
MANDY L. JEFFCOACH
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP

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By:

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/s/ Mandy L. Jeffcoach
Attorneys for Fresno Defendants

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Stipulation and Order Continuing Deadlines
Case No. C09-02306 CW

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GENERAL ORDER 45 ATTESTATION

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I, Stacey M. Leyton, am the ECF user whose ID and password are being used to file this

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stipulation and proposed order. In compliance with General Order 45, X.B., I hereby attest that

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Defendants’ counsel have concurred in the filing of this document with their electronic signatures.

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Dated: August 12, 2011

By:

/s/ Stacey M. Leyton
Attorneys for Plaintiffs

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 16
Dated: __________________, 2011

_____________________________
Honorable Claudia A. Wilken
United States District Court Judge

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Stipulation and Order Continuing Deadlines
Case No. C09-02306 CW

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