Free Declaration in Support - District Court of California - California

Case 5:07-cv-04920-JF

Document 33

Filed 05/20/2008

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ED G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General TRACE 0 . MAIORINO, State Bar No. 179749 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5975 Fax: (415) 703-5843 Email: [email protected] Attorneys for Defendants Lemon, Ayers, Tilton, Ebert, Ortiz, Plymesser, Robinson, Ratliff, and Grannis
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I THE UNITED STATES DISTRICT COURT N
FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
GREGORY TABAREZ,

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Plaintiff, Defendants.

C 07-4920 JF
DECL-TION OF TRACE 0. MATORTNO IN SUPPORT OF DEFENDANTS' MOTION FOR AN EXTENSION OF TIME TO FILE A DISPOSITIVE MOTION

JAMES TILTON, et al.,

I, TRACE 0 . MAIORINO, declare:
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23 before this Court. I am employed by the California Attorney General's Office as a Deputy
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24 Attorney General in the Correctional Law Section, and I am assigned to represent Defendants
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1.

I am an attorney admitted to practice before the courts of the State of California and

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Lemon, Ayers, Tilton, Ebert, Ortiz, Plymesser, Robinson, Ratliff, and Grannis in this case. I am 26 competent to testify to the matters in this declaration, and if called upon to do so, I would and 27 could so testify.
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Plaintiff Gregory Tabaqz is a state prisoner currently incarcerated at California
G. Tabarez v. J. Tilton, et al.

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Decl. Trace 0. Maiorino Supp. Defs.' Mot. Extension Time

C 07-4920 JF

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Case 5:07-cv-04920-JF

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Filed 05/20/2008

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Correctional Center (CCC), in Susanville, CA. 3.
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Plaintiff filed his complaint on September 21,2007, alleging a violation of his civil

rights under 42 U.SC.

8 1983 while incarcerated at California State Prison - San Quentin.

The

Court issued its order of Service and found that Plaintiff had stated a cognizable claim that Defendants had violated his First Amendment rights by retaliating against him for exercising his constitutional rights. The Court ordered Defendants to file a dispositive motion no later than May 22,2008.
4.

On behalf of Defendants, I am seelung a fourteen-day extension of time fiom the

current deadline of May 22,2008 to file a dispositive motion, up to and including Thursday; June 5,2008. This is the first request for an extension of time following the Court's Order of Service. The basis for Defendants' request is as follows: a. Additional time is needed to complete the investigation and procurement of the

necessary information to prepare Defendants' dispositive motion. b. 30,2008. c.

I am responsible for preparing a dispositive motion in another matter due on May

I am presently completing discovery requests on behalf of four of the Defendants

in this matter and on behalf of defendants in an unrelated matter. d. Finally, I am currently handling the discovery matters in another lawsuit set for

trial on November 3,2008.
5.

Plaintiff is currently incarcerated and is not readily available to stipulate to an

extension of time for the dispositive motion deadline. Because it is difficult to deliver this motion on the same day that it is filed, Defendants will serve Plaintiff a copy of t h s motion by overnight mail.

Decl. Trace 0. Maiorino Supp. Defs.',Mot. Extension Time

G. Tabarez v. J. Tilton, et al. C 07-4920 J F

Case 5:07-cv-04920-JF

Document 33

Filed 05/20/2008

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