Free Stipulation - District Court of California - California

Case 3:07-cv-05086-WHA

Document 50

Filed 07/02/2008

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CHILDREN'S ADVOCACY INSTITUTE University of San Diego School of Law Robert C. Fellmeth (CA SBN 49897) Edward Howard (CA SBN 151936) Christina McClurg Riehl (CA SBN 216565) Elisa D'Angelo Weichel (CA SBN 149320) 5998 Alcala Park San Diego, CA 92110 Telephone: 619.260.4806 Facsimile: 619.260.4753 [email protected] MORRISON & FOERSTER LLP Kimberly N. Van Voorhis (CA SBN 197486) Marc David Peters (CA SBN 211725) 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: 650.813.5600 Facsimile: 650.494.0792 [email protected] MORRISON & FOERSTER LLP Steve Keane (CA SBN 247588) 12531 High Bluff Drive, Suite 100 San Diego, California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) California State Foster Parent Association, ) California State Care Providers Association, and ) Legal Advocates for Permanent Parenting, ) ) ) Plaintiffs, ) v. ) ) JOHN A. WAGNER, Director of the California ) ) Department of Social Services, in his official capacity; MARY AULT; Deputy Director of the ) ) Children and Family Services Division of the ) California Department of Social Services, in her ) official capacity, ) ) ) Defendants.
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME CASE NO. C 06-4095 MHP

Case No. CV 07-05086 WHA STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME TO FILE ANSWER AND CERTAIN PRE-TRIAL DATES

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Case 3:07-cv-05086-WHA

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Filed 07/02/2008

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WHEREAS, Plaintiffs filed their Complaint for Declaratory Judgment and Permanent Injunctive Relief (42 U.S.C. § 1983) ("Complaint") on October 3, 2007; WHEREAS, Plaintiffs informed Defendants in a June 13, 2008 letter that Defendants had neglected to file an Answer to Plaintiffs' Complaint; WHEREAS, the parties agreed that Plaintiffs would not move for entry of default and default judgment under Federal Rule of Civil Procedure 55, provided Defendants promptly filed an answer and stipulated to extend fact and expert discovery by a sufficient time to allow Plaintiffs to conduct discovery relating to Defendants' Answer; WHEREAS, Defendants filed their Answer on July 1, 2008; WHEREAS, the agreed-to schedule modifications are made in good faith and not for purposes of delay. They relate primarily to fact and expert discovery, they do not alter the pretrial conference and trial dates, and they extend the last day to file summary judgment motions by one week. IT IS HEREBY STIPULATED AND AGREED that, based on the foregoing, the previous deadlines set by the Court's January 10, 2008 Scheduling Order shall be modified as follows, subject to the Court's approval: Previous Deadline (January 10, 2008 Case Management Order): Non-expert discovery July 11, 2008 (¶ 5) Proposed New Deadline: August 8, 2008 August 8, 2008

Designation of expert July 11, 2008 (¶ 6) testimony and disclosure of full expert reports Opposition expert reports Reply expert reports Expert discovery cutoff Last day to file dispositive motions July 25, 2008 (id.) August 1, 2008 (id.) August 15, 2008 (id.) August 28, 2008 (¶ 11)

August 22, 2008 August 29, 2008 September 5, 2008 September 4, 2008 October 9, 2008

Last day to hear dispositive October 2, 2008 (id.) motions
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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME CASE NO. C 06-4095 MHP

pa-1264481

Case 3:07-cv-05086-WHA

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME CASE NO. C 06-4095 MHP

Final Pretrial Conference Bench trial

November 3, 2008 (¶ 12) November 17, 2008 (¶ 13)

SAME SAME

Dated: July 2, 2008

MORRISON & FOERSTER LLP

By: /s/ Kimberly N. Van Voorhis Kimberly N. Van Voorhis Attorneys for Plaintiffs California State Foster Parent Association, California State Care Providers Association, and Legal Advocates For Permanent Parenting

Dated: July 2, 2008

DEPARTMENT OF JUSTICE DEPUTY ATTORNEY GENERAL

By: /s/ George Prince George Prince Attorneys for Defendants John A. Wagner and Mary Ault

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: July ___, 2008 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

pa-1264481

Case 3:07-cv-05086-WHA

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Filed 07/02/2008

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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 Dated: July 2, 2008

GENERAL ORDER 45 ATTESTATION I, Kimberly N. Van Voorhis, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Extension of Time to File Answer and Certain Pre-Trial Dates. In compliance with General Order 45, X.B., I hereby attest that George Prince has concurred in this filing.

_/s/ Kimberly N. Van Voorhis_____ Kimberly N. Van Voorhis MORRISON & FOERSTER LLP ATTORNEYS FOR PLAINTIFFS California State Foster Parent Association, California State Care Providers Association, and Legal Advocates for Permanent Parenting

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STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME CASE NO. C 06-4095 MHP

pa-1264481