Free Letter - District Court of California - California

Case 3:07-cv-05086-WHA
EDMUND G. BROWN JR. Attorney General

Document 31

Filed 03/17/2008

Page 1 of 1

State of California DEPARTMENT OF JUSTICE
455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102-7004

Public: (415) 703-5500 Telephone: (415) 703-5749 Facsimile: (415) 703-5480 E-Mail: [email protected]

March 17, 2008 The Hon. William H Alsup Judge of the United States District Court Phillip Burton United States Courthouse 450 Golden Gate Avenue, 16th Floor San Francisco, CA 94102-3434 Re: California State Foster Parent Association, et al. v. Wagner United States District Court, Northern District of California, Case No. C075086JL

Dear Judge Alsup: I have just received an electronic copy of your Order Setting Hearing on Plaintiffs' Discovery Dispute of today (March 17, 2008). At 11:50 a.m. today I telephoned plaintiffs' counsel, Dara Tabesh, but reached only his telephone voicemail. I left him a message and asked him to return my call. In the meantime, I respectfully request that the Court reset the briefing and hearing schedule set in today's order. I have a motion for judgment on the pleadings on hearing for tomorrow morning, Tuesday, March 18th, on the 9:00 a.m. calendar in San Jose Superior Court (California Association of Mental Health Patients' Rights Advocates v. Cliff Allenby, et al. (case no. 106CV061397)), and have a status conference before Judge Henderson at 2:00 p.m. on Wednesday, March 19th, in Emma C. v. Delaine Eastin (C-96-4179 (T EH)). Thus, filing a response by tomorrow morning would be problematic for me, and appearing on Wednesday virtually impossible. Moreover, there are no further depositions scheduled in the instant matter until April 10th, so time is not of the essence here. Also, as plaintiffs' counsel knows, I will be out of the office on a pre-planned vacation the entire week of March 24-28th. Accordingly, defendants respectfully request that today's order setting the discovery dispute be vacated and the matter put over until the week of March 31st. Sincerely, /s/ George Prince GEORGE PRINCE Deputy Attorney General For EDMUND G. BROWN JR. Attorney General