Cole et al v. State of California, Department of Correctional Safety

Filing 23

STIPULATION AND ORDER AS MODIFIED BY THE COURT re 21 STIPULATION WITH PROPOSED ORDER Continuing Scheduling Deadlines filed by State of California, Department of Correctional Safety. All defendants shall be served with process on or bef ore 2/5/2013 or shall be dismissed from this action. Joint Status Statement due due by 2/22/2013. Status Conference set for 3/1/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Fact Discovery cutoff 5/1/2013. Expert Di scovery cutoff 5/22/2013. Last Date for Filing Dispositive Motions due by 6/1/2013. Updated Joint Preliminary Pretrial Conference statement due 6/18/2013. Preliminary Pretrial Conference set for 6/28/2013 11:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 1/24/2013. (ecg, COURT STAFF) (Filed on 1/24/2013)

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KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O'BANNON
Supervising Deputy Attorney General
MICHAEL J. QUINN
Deputy Attorney General
State Bar No. 209542
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Office of Correctional
Safety
TODD K. DAVIS (Bar No. 169654)
FARLING, HECHT & DAVIS, LLP
96 North Third Street, Suite 660
San Jose, California 95112
Telephone: [phone]
Attorneys for Plaintiffs David Cole and Zenobia Cole

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DAVID COLE & ZENOBIA COLE,

v.

EJD
C 12-02086 PSG

Plaintiff, STIPULATION AND [PROPOSED]
ORDER CONTINUING:

STATE OF CALIFORNIA DEPARTMENT
OF CORRECTIONAL SAFETY, et al.,

1. FACT DISCOVERY CUT-OFF; AND
2. RELATED DEADLINES
[Civil Local Rules 6-2 and 7-12]

Defendants.

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STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF (C 12-02086 PSG)

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1.

The parties request that the Fact Discovery Cut-Off, currently set for February 1,

2013, be extended to May 1, 2013, and that all related deadlines be continued accordingly.

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STIPULATION

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs David and Zenobia Cole and

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Defendants Office of Correctional Safety, by and through their respective counsel, stipulate and

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request as follows:

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1.

WHEREAS, on October 29, 2012 the Court issued a Case Management Order

(Docket No. 20), setting the Fact Discovery Cut-Off for February 1, 2013;
2.

WHEREAS, Plaintiffs are still in the process of serving various Defendants named

in the amended complaint;
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WHEREAS, the parties plan to engage in ADR once the Defendants named in the

amended complaint have been served;
4.

WHEREAS, with respect to Civil L.R. 6-2(a)(1), the parties have conferred

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regarding particular reasons an extension of the deadline is mutually-agreeable, including that the

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parties plan to conduct discovery once the Defendants have been served;

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5.

WHEREAS, with respect to Civil L.R. 6-2(a)(2), there have been no previous time

modifications in this action; and
6.

WHEREAS, with respect to Civil L.R. 6-2(a)(3), a three-month continuance of the

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Fact Discovery Cut-Off and related deadlines will likely delay the case and trial accordingly, but

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due to the circumstances cannot reasonably be avoided;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED that the Court

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continue the Fact Discovery Cut-Off to May 1, 2011 and continue all related deadlines as

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follows:

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May 22, 2013

Last day to complete expert discovery.

June 1, 2013

Last Day for hearing on dispositive motions.

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STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF (C 12-02086 PSG)

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The parties further request that the Court vacate the Preliminary Pretrial Conference,
currently set for February 1, 2013 at 11:00 a.m., and schedule a Case Management Conference.

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E-FILING ATTESTATION
By his signature below, and pursuant to General Order 45, counsel for Defendant attests

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that counsel for all parties whose electronic signatures appear below have concurred in the filing

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of this Stipulation.

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Dated: January 18, 2013

By:

/s/ Todd K. Davis
FARLING, HECHT & DAVIS LLP
Attorneys for Plaintiffs David Cole and Zenobia
Cole

Dated: January 18, 2013

By:

/s/ Michael J. Quinn
Attorneys for Defendants Office of Correctional
Safety

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.subject to the following additional
orders:
orders: (1) all defendants shall be served with process on or before February 5, 2013, or shall
be dismissed from this action; (2) the court schedules this action for a status conference on
MarchDated: ____________________
1, 2013, at 10:00 a.m. The parties shall file a Joint Status Conference statement on or
before February 22, 2013, which provides, inter alia, an update as to the progress of the
_____________________________
case; (3) the Preliminary Pretrial Conference scheduled for February 1, 2013, is continued to
June 28, 2013, at 11:00 a.m. The parties shall file an updated Joint Preliminary Pretrial
The Honorable Edward J. Davila
Conference Statement on or before June 18, 2013.
IT IS SO ORDERED.
United States District Court Judge
DATED: January 24, 2013
________________________
EDWARD J. DAVILA
SF2012204069
United States District Judge
20664486.doc

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STIPULATION AND [PROPOSED] ORDER CONTINUING DISCOVERY CUT-OFF (C 12-02086 PSG)