Free Declaration in Support - District Court of California - California

Case 3:07-cv-04967-PJH

Document 19

Filed 08/28/2008

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1 EDMUND G. BROWN JR. Attorney General ofthe State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 ROCHELLE C. EAST Senior Assistant Attorney General 4 JONATHAN L. WOLFF Supervising Deputy Attorney General 5 SCOTT J. FEUDALE, State Bar No. 242671 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5871 Fax: (415) 703-5843 8 Email: [email protected] 9 Attorneys for Defendants Timothy Krenke, Gisela Ramirez, Everado Contreras, Annabel Cauntay and 10 Michael S. Evans
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IN THE UNITED STATES DISTRICT COURT , .. FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION

KEVIN BURTON,
16 Plaintiff, 17 -18 19 20 \ 21 22 23 I, SCOTT J. FEUD ALE declare:

CASE NO. C 07-4967 PJH

v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al.
Defendants.

DECLARATION OF SCOTT J ..FEUDALE IN SUPPORT OF DEFENDANTS' EX PARTE REQUEST FOR AN EXTENSION OF TIME TO FILE DISPOSITIVE MOTION

1. . I am a Deputy Attorney General in the California Attorney General's Office, counsel of

24 record forDefendants Krenke, Ramirez, Contreras, Cauntay, and Evans (Defendants) in this 25 matter. I am competent to testify to the matters set forth in this declaration, and if called upon to 26 doso, I would and could so testify. I submit this declaration in support of Defendants' request 27 for an extension of time to file their summary-judgment motion or other dispositive motion. 28 2. According to the Court's June 6, 2008 Order of Service, the last day for Defendants to
K. Burton v. CDCR et al.

Decl. Feudale Supp. Ex. Parte Req. Ext. Time

C 07-4967Plli

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Case 3:07-cv-04967-PJH

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1 file a motion for summary judgment or other dispositive motion is sixty days from the date of 2 service. Defendants were served with a copy of Plaintiff's complaint and summons by mail from

3 the U.S. Marshal's Service on July 3, 2008. Thus, Defendants' dispositive motion is due on 4 5 ·6 September 2, 2008. 3. Based on the following, Defendants respectfully request a 60-day extension of time up

to and including November 3,2008, to file a summary-judgment motion or other dispositive

7 motion:
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a.

This case was assigned to me on July 16,2008. Between that date and today, I

9 have been managing a busy caseload. During July 2008, I filed a reply briefs inPadilla v. Evans, 10 United States District Court, Northern District of California, Case No. 06-1725 and Liebb v. 11 Daly, United States District Court, Northern District of Californi a, Case No. 04-0950, and filed a 12 motion to dismiss in Roby v. Stewart, Case no. 08-1113. During August, I have filed a demurrer

13 in Fosselman v. Nicholson, Monterey County Superior Court, Case No. M91265; filed an
14 opposition to a request for a case management conference in Lira v. Director ofCorrections, et

15 al., United States District Court, Northern District ofCaifornia, Case No. 00-0905; filed an
16 opposition to a motion for a temporary restraining order and preliminary injunction in Quillar v.

17 Zepeda, United States District Court, Eastern District of California, Case No. 06-02394; and
18 visited Salinas Valley State Prison to meet with my clients in this case. 19 20 21 22 23 24 25 26 27 28 b. On July 17, 2008, my office requested relevant documents from the prison in
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connection with this case. I have reviewed most of these documents and on-the basis of that review, have requested additional documents. Those additional documents have not yet been received. c. Furthermore, to my best knowledge, Plaintiff has not yet served Defendants

Bruncato, O'Kenno, Carrasco, Silva, Philmon, Wilson, Horrence, Perez, Garcia, Graywald, Goodhume, Garcia, Zielger, and Moss. Once these Defendants are served and request representation by the Attorney General's Office, I will need time to consult with my clients as well as review documents relevant to their defense. Accordingly, I believe that the filing of a dispositive motion is premature at this time.
Decl. Feudale Supp. Ex. Parte Req. Ext. Time
K. Burton v. CDCR et al.

C 07-4967 Pili

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Case 3:07-cv-04967-PJH

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4.

Because Plaintiff is currently incarcerated, he cannot easily be contacted for an

2 extension of time. 3 5. No previous extension of time has been sought regarding the filing of Defendants'

4 summary-judgment motion or other dispositive motion. This request is not made for the purpose 5 of harassment or undue delay or for any improper reason. 6 I declare under penalty of perjury that the forgoing is true and correct to the best of my

7 knowledge. 8 9 10
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Executed on August 28, 2008, at San Francisco, California.

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20134986.wpd

::r.FeUdale Deputy Attorney General

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SF2008200246

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Dec!. Feudale Supp. Ex. Parte Req. Ext. Time

K. Burton v. CDCR et a!. C 07-4967 PJH

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