Hunter v. Yates et al

Filing 54

STIPULATION AND ORDER Extending Petitioner's Deadline to File Traverse re 53 Stipulation. Signed by Judge James Ware on 1/29/2010. (ecg, COURT STAFF) (Filed on 1/29/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DANIEL B. HARRIS (117230) ATTORNEY AT LAW 3450 Sacramento Street, Suite 108 San Francisco, California 94118 Telephone: (415) 994-1727 Facsimile: (415) 221-9294 E-mail: dharris@bermandevalerio.com Attorney for Petitioner MICHAEL HUNTER IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL HUNTER, Petitioner, v. JAMES A. YATES, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C-06-7707-JW STIPULATION AND [PROPOSED] ORDER EXTENDING PETITIONER'S DEADLINE TO FILE TRAVERSE ______________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING PETITIONER'S DEADLINE TO FILE TRAVERSE Hunter v. Yates, Case No. C-06-7707-JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, pursuant to the Court's October 30, 2009 Order Lifting Stay and Reopening Case; Requesting Respondent[s] to Answer (the "October Order"), and a subsequent extension they were granted, Respondents filed their Answer, a comprehensive Memorandum of Points and Authorities and a substantial volume of materials on January 5-6, 2010; WHEREAS, the Court's October Order provides for Petitioner to respond to the Answer by filing a traverse within thirty days of his receipt of the Answer, i.e., on or before February 4, 2010; WHEREAS, Petitioner intends to respond to the Answer, but, in view of the length and complexity of the issues and matters raised by Respondents' Answer and supporting memorandum, and scheduling conflicts of his counsel (including his need to assist in the preparation of a case set for trial in this District in mid-March 2010), Petitioner requires additional time to prepare his traverse; WHEREAS, Respondents have no objection to the Court granting Petitioner any extension he requests in order to file his traverse; WHEREAS, the extension sought by Petitioner would have no meaningful effect on the schedule of this case; IT IS THEREFORE STIPULATED by and between the parties, acting through their counsel of record, that, subject to Court approval, Petitioner may have an extension of time to and including March 18, 2010 to file his traverse. Dated: January 26, 2010 DANIEL B. HARRIS 3450 Sacramento Street, Suite 108 San Francisco, California 94118 Telephone: (415) 994-1727 /s/ Daniel B. Harris Daniel B. Harris Attorney for Petitioner -1______________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING PETITIONER'S DEADLINE TO FILE TRAVERSE Hunter v. Yates, Case No. C-06-7707-JW 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2______________________________________________________________________________ STIPULATION AND [PROPOSED] ORDER EXTENDING PETITIONER'S DEADLINE TO FILE TRAVERSE Hunter v. Yates, Case No. C-06-7707-JW Dated: January 26, 2010 ALLEN R. CROWN Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, California 94102-7004 Telephone: (415) 703-5847 /s/ Allen R. Crown Allen R. Crown Attorney for Respondents E-Filing Attestation I, Daniel B. Harris, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Petitioner's Deadline to File Traverse. In compliance with General Order 45, X.B., I hereby attest that Allen R. Crown has concurred in this filing. IT IS SO ORDERED. Petitioner may have an extension of time to and including March 18, 2010 to file his traverse. 29 Dated: January ___, 2010. The Honorable James Ware U.S. District Judge

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