Free Motion for Extension of Time to File - District Court of California - California

Case 3:07-cv-04921-TEH

Document 16

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 I. 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: (4L5) 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, 1. Armstrong, C. Backlin, and C. Cuykendall 11 12 IN THE UNITED STATES DISTRICT C0URT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION15 16 17 18 19 20 21 22 Defendants move for a forty-day extension of time, from September 11, 2008 to October 20,
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ROBERT WILLIAM WALTERS,
Plaintiff,

C 07.:4921' TEH

v.
M. EVANS, et at,
Defendants.

DEFENDANTS' REQUEST FOR EXTENSION OF TIME UNDER LOCAL RULE 6-3
Judge: The Honorable Thelton E. Henderson

23 2008, to file a dispositive motion. As explained more fully in counsel's accompanying 24 declaration, Defendants make this request because not all Defendants have been served Of

25 requested representation, nor have the individual Defendants had an opportunity to review 26 Plaintiffs medical records. Additionally, Defendants make this request because the time

27 required to review four years of medical records is taking longer than originally expected. 28 This is Defendants' first request for an extension of time. This request for an extension of
Defs.' Req. for Ext. Time R. Walters v. M. Evans et al. C 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 time is not made for any purpose of harassment, undue delay, or any improper reason. Plaintiff's 2 case will not be unduly prejudiced by the granting of this motion because Plaintiff continues to

3 receive medical treatment including a recent referral to a neurosurgeon.

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Dated: September 8, 2008 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General ROCHELLE C. EAST Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General

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Defs.' Req. for Ext. Time
20141009.wpd SF2008200329

VIRGINIA 1. PAP AN Deputy Attorney General Attorneys for Defendants L.Castro, C. D. Lee, Jr., M.D., R.A. Bowman M.D., R. Cordero, 1. Patel, L. Bey, Marta Spaeth, A. Youssef, 1. Armstrong, C. Backlin, and C. Cuykendall

R. Walters v. M. Evans et aI. C 07-4921 TEH

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Case 3:07-cv-04921-TEH

Document 16

Filed 09/09/2008

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DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Case No.: I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service that same day in the ordinary course of business. On September 9,2008, I served the attached
R. Walters v. M. Evans et al.

C 07-4921 TEH

DEFENDANTS' REQUEST FOR EXTENSION OF TIME UNDER LOCAL RULE 6-3 DECLARATION OF VIRGINIA I. PAPAN IN SUPPORT OF DEFENDANTS' REQUEST FOR EXTENSION OF TIME [PROPOSED] ORDER
by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the internal mail collection system at the Office of the Attorney General at 455 Golden Gate Avenue, Suite 11000, San Francisco, CA 94102-7004, addressed as follows: Robert William Walters CDCR #K-19120 Kern Valley State Prison P.O. Box 6000 Delano, CA 93216-6600 Pro Per I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on September 9, 2008, at San Francisco, California.

M. Xiang Declarant

Signature