Free Declaration in Support - District Court of California - California

Case 3:07-cv-02928-JSW

Document 19

Filed 05/01/2008

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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 FRANCEST.GRUNDER Senior Assistant Attorney General 4 MICHAEL W. JORGENSON Supervising Deputy Attorney General 5 LISA SCIANDRA, State Bar No. 246532 Deputy Attorney General . 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5846 Fax: (415) 703-5480 8 Email: [email protected] 9 Attorneys for Defendants Curry, Chudy, Hill, Hedrick, Raghunath, Grannis, .Aboytes, and Klein" 10
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IN THE UNITED STATES DISTRICT COURT 12 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 I, LISA SCIANDRA, declare as follows: 1. I am an attorney licensed to practice before the courts of the State of California and this
RONALD BRATTON,

Case No. C 07-2928 JSW Plaintiff,
DECLARATION OF COUNSEL IN SUPPORT OF DEFENDANTS'REQUEST FOR AN EXTENSION OF TIME TO FILE DISPOSITIVE MOTION

v.
BEN CURRY, et at,

Defendants.

23 Court. I am a Deputy Attorney General in the Correctional Law Section of the California 24 Attorney General's Office, and I am assigned to represent the Defendants in this matter. I have 25 personal knowledge of the matter contained in this declaration, and if called to testify, I would 26 27 1. To the best knowledge of the Attorney General's Office, Defendant Jannah has not been 28 served. Accordingly, the Attorney General's Office makes no appearance on his behalf.
Dec!. Counsel in Supp. Defs.' Req. for Ext. Time

R. Bratton v. B. Curry, et al. C 07-2928 JSW

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Case 3:07-cv-02928-JSW

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1 and could testify. 2 2. The Court's Order of Service dated January 9,2008, directed that Defendants shall file

3 a motion for summary judgment or other dispositive motion no later than sixty days from the date 4 of the Order, which was Sunday March 9, 2008. Rule 6 of the Federal Rules of Civil Procedure, 5 however, made Defendants' motion for summary judgment or other dispositive motion due on 6 Monday, March 10, 2008. I received the Summons and Complaint on February 4, 2008. On 7 March 3,2008, Defendants filed a request for a sixty-day extension oftime, in part because I 8 needed additional time to gather sufficient documents and information to prepare an appropriate 9 response to this lawsuit. This Court granted the extension, making the deadline May 9, 2008. I 10 intend to file a motion for summary judgment or other dispositive motion in this case but request 11 an additional forty-five-day extension of time until June 23,2008, to complete it. 12 13 3. For the following reasons, the Defendant requests an extension oftime: a. I do not yet have sufficient documents or information to prepare an appropriate

14 response to this lawsuit and will need further documents in order to prepare a response. My 15 office requested case documents and information from the California Department of Corrections 16 and Rehabilitation (CDCR) when the summons and complaint were received. 17 b. While some documents have been received, review ofthe facts and allegations

18 necessitates obtaining additional documents from CDCR and other sources. More time will be 19 needed to review the facts and allegations in the Complaint, and to review the documents that 20 will arrive from CDCR and other sources. 21 c. Additionally, along with researching a dispositive motion for this action, and

22 other case-related work, I have recently been occupied with a demurrer that I filed on April 11, 23 2008, in the Superior Court of Califomi a, County of Del Norte. I am also working on three 24 dispositive motions due in the Northern District of California on May 22, June 10, and June 13,

25 2008. 26 27 time. 4. Plaintiff is currently incarcerated and cannot be easily contacted for an extension of

28 III
Decl, Counsel in Supp. Defs.'. Req. for Ext. Time R. Bratton v. B. Curry, et al. C 07-2928 JSW

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5.

This request is not made for the purpose of harassment, undue delay, or any improper

2 reason. 3 I declare under penalty of perjury that the forgoing is true and correct to the best of my

4 knowledge.'
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Executed on May 1, 2008, at San Francisco, California.

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40248102.wpd

LISA SCIANDRA Deputy Attorney General

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SF2008400402

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.Dec!' Counsel in Supp. Defs.' Req. for Ext. Time R. Bratton v. B. Curry, et at. C 07-2928JSW

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