Free Declaration in Support - District Court of California - California

Case 3:07-cv-04921-TEH

Document 17

Filed 09/09/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California \ 2 DAVID S. CHANEY Chief Assistant Attorney General 3 ROCHELLE C. EAST Senior Assistant Attorney General 4 THOMAS S. PATTERSON Supervising Deputy Attorney General 5 VIRGINIA 1. PAPAN, State BarNo. 143659 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5956 Fax: (415) 703-5843 8 Email: [email protected] 9 Attorneys for Defendants L.Castro, C. D. Lee, Jr., M.D., R.A. Bowman M.D., R. Cordero, I. Patel, L. 10 Bey, Marta Spaeth, A. Youssef, C. Backlin and C. Cuykendall
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12 IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 . 17 18 19 20 21 22 23 I, Virginia 1. Papan, declare as follows: 1. I am an attorney admitted to practice before the courts of the State of California and ROBERT WILLIAM ~ALTERS, Plaintiff, C 07-4921 TEH DECLARATION OF VIRGINIA I. PAPAN IN SUPPORT OF DEFENDANTS' REQUEST FOR EXTENSION OF TIME Judge: The Honorable Thelton E. Henderson

v.
M. EVANS, et aI., Defendants.

24 before this Court. I am employed by the California Attorney General's Office as a Deputy 25 Attorney General in the Correctional Law Section. I am competent to testify to the matters set 26 forth in this declaration, and if called to do so, I would and could so testify. 27 2. I am the lead defense counsel for this case, Robert William Walters v. Evans, et al.,

28 Case No.C 07-4921 TEH (N.D. Cal.). Of the nineteen Defendants from two different institutions
Decl, of Virginia I. Papan in Supp. or Defs.' Req. for Ext. Time

R. Walters v. M Evans et al. e 07-4921 TEH

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Case 3:07-cv-04921-TEH

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Filed 09/09/2008

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1 that the Court ordered service on, only sixteen have been served and thirteen have requested 2 representation in this case, L.Castro, C. D. Lee, Jr., M.D., R.A. Bowman M.D., R. Cordero, I. 3 Patel, L. Bey, Marta Spaeth, A. Youssef, J. Armstrong, C. Backlin, and C. Cuykendall. We are 4 still waiting for requests of representation from four Defendants and an additional three

5 defendants have not yet to be served, 6 3. Defendants request a forty-day extension of time, up to and including October 20,

7 2008, to file Defendants' dispositive motion because not all Defendants have been served nor 8 have they requested representation. As such, counsel for Defendants has been unable to contact 9 and consult with the Defendants in this case to conduct an initial investigation and research 10 before filing Defendants' dispositive motion or informing the Court that this case could not be 11 resolved by such a motion. 12 4. Moreover, a review of Plaintiff's corrections file and medical records is extensive

13 because Plaintiff's claims allegedly date back to an on-the-job injury that occurred in 200312004. 14 Although we have begun to review Plaintiff's records, it is taking longer than expected. 15 Plaintiff's medical records are maintained at a different prison than where the incident occurred, 16 which means that not all Defendants have ready access to them to refresh their memories as to 17 the facts in this case. Since this case requires a review of four years worth of records by the 18 Defendants at three different institutions, it is necessary for Defendants to file a request for 19 extension of time, before the approaching September 11, 2Q08 deadline to file a dispositive 20 motion for summary judgment comes due in this matter. 21 22 23 24 5. Plaintiff's case will not be unduly prejudiced by the granting of this motion.

Defendants are attempting to obtain additional relevant information to evaluate this case. 6. Plaintiff is confined in state prison and cannot easily be contacted concerning an

extension of time.

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Dec!. of Virginia I. Papan in Supp. or Defs.' Req. for Ext. Time R. Walters v. M. Evans et al. e 07-4921 TEH

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Case 3:07-cv-04921-TEH

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7.

This request for an extension of time is not made for any purpose of harassment, undue
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2 delay, or any improper reason. 3 I declare under penalty of perjury that the foregoing is true and correct and that this

4 declaration was executed on September 8, 2008, in San Francisco, California.
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VIRGiNIAlPAiAN
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Deputy Attorney General

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Dec!. of Virginia 1. Papan in Supp. or Defs.' Req. for Ext. Time

R. Walters v. M Evans et al.

e 07-4921 TEH

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