Free Declaration in Support - District Court of California - California

Case 3:07-cv-04965-MMC

Document 9

Filed 07/22/2008

Page 1 of 2

1 2 3 .4 5 6 7 8

EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General ROCHELLE C. EAST Acting Senior Assistant Attorney General JONATHAN L. WOLFF Supervising Deputy Attorney General TIMOTHY J. MCDONOUGH, State Bar No. 235850 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5606 Fax: (415) 703-5843 Email: [email protected]

9 Attorneys for Defendants N. Grannis, J. Tilton, Smith, R. Horel, M. Cook, and M. Foss 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 I, Timothy McDonough, declare as follows: 1. I am an attorney admitted to practice before the courts of the State of California and v. JAMES TILTON, ET AL., Defendants. SCOTT ERIC CONNER, Plaintiff, C-07-4965 MMC (PR) DECLARATION OF COUNSEL IN SUPPORT OF DEFENDANTS' EX-PARTE REQUEST FOR EXTENSION OF TIME

23 before this Court. I am employed by the California Attorney General's Office as a Deputy 24 Attorney General in the Correctional Law Section, and I am assigned to represent Defendants N. 25 26 Grannis, J. Tilton, J. Smith, R. Horel, M. Cook, and M. Foss (Defendants) in this case. I am competent to testify to the matters set forth in this Declaration, and if called upon to do so, I

27 would and could so testify. 28 2. The U.S. Court's Order of Service is dated April 29, 2008. In this Order, the Court
Conner v. Tilton, et al. C-07-4965 MMC (PR)

Decl. Supp. Req. for Ext. of Time

1

Case 3:07-cv-04965-MMC

Document 9

Filed 07/22/2008

Page 2 of 2

1

directed Defendants to file a motion for summary judgment or other dispositive motion no. later

2 than ninety days from the date this order is filed. (Order of Service 3.) As such, the current 3 deadline for Defendants to file a motion for summary judgment or other dispositive motion is

4 July 28, 2008. 5 6 3. 4. This case was recently forwarded to our office from the prison. In order to adequately file a motion for summary judgment or other dispositive motion

7 I will need to conduct interviews of Defendants and other potential witnesses in this case. 8 Further, I will need to obtain documents and institutional records, as well as conduct independent 9 research, in order to further investigate Plaintiffs claims. Finally, I will need to take the 10 deposition of Plaintiff which will require me to travel to Pelican Bay State Prison from San 11 Francisco. Therefore, I request a ninety (90) day extension of time, up to and including October

12 27, 2008, to file Defendants' motion for summary judgment or other dispositive motion. 13 5. Plaintiff is confined in state prison and cannot easily be contacted concerning an

14 extension of time. 15 6. This request for an extension of time is not made for any purpose of harassment or

16 undue delay or for any improper reason. 17 18 I declare under penalty of perjury that the foregoing is true and correct and that this

19 declaration was executed on July 22, 2008, in San Francisco, California. 20 21 22 23 24 25 26 27 28
Decl. Supp. Req. for Ext. of Time Conner v. Tilton, et al. C-07-4965 MMC (PR)
20126324.wpd SF2008200064

2