Free Declaration in Support - District Court of California - California

Case 3:07-cv-02928-JSW

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Filed 03/03/2008

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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
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RONALD BRATTON, Plaintiff, v. ( BEN CURRY, Defendants.

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

I, LISA SCIANDRA, declare as follows: 1. I am an attorney licensed to practice before the courts of the State of California and this

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 and could testify. 27 2. The Court's Order of Service dated January 9,2008, directed that Defendants shall file

28 a motion for summary judgment or other dispositive motion no later than sixty days from the date
Decl, 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 of the Order, which is Sunday March 9,2008. Under Rule 6 of the Federal Rules of Civil 2 Procedure, however, Defendants' motion for summary judgment or other dispositive motion is 3 due on Monday, March 10, 2008. I intend to file a motion for .summary judgment or other 4 dispositive motion in this case but request a sixty-day extension of time. until May 9, 2008, to 5 complete it. 6 7 3. For the following reasons, Defendants request an extension of time: a. I do not yet have sufficient documents or information to determine the appropriate
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8 response to this lawsuit and will need further documents in order to prepare a response. I, 9 received the Summons and Complaint on February 4, 2008. My office requested case documents 10 and information from the California Department of Corrections and Rehabilitation (CDCR) at 11 that time. While some documents have been received, review ofthe facts' and allegations 12 necessitate obtaining additional documents from the CDCR and other sources. More time will be 13 needed to review the facts and allegations in the Complaint, and to review the documents that 14 will arrive from the CDCR and other sources. 15 b. Additionally, Lhave recently been occupied with the following deadlines, in

16 addition to other case-related work: a mandatory reply brief in the Northern District on February 17 14,2008; another reply brief in the Northern District on February 19,2008; a motion to dismiss 18 in the Northern District on February 22,2008; and a court-ordered mediation in Southern 19 California on February 29,2008. 20 21 22 time. 23 III 24 III 25 III 26 III 27 III 28 III
Dec!' Counsel in Supp. Defs.' Req. for Ext. Time

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I also have a dispositive motion due in the Northern District on April 11, 2008.

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Plaintiffis currently incarcerated and cannot be easily contacted for an extension of

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

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Case 3:07-cv-02928-JSW

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No previous extension of time has been sought regarding the filing of Defendants"

2 summary-judgment motion or other dispositive motion. This request is not made for the purpose 3 of harassment, undue delay, or any improper reason. 4 I declare under penalty of perjury that the forgoing is true and correct to the best of my

5 knowledge. 6 Executed on March 3,2008, at San Francisco, California.

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Deputy Attorney General

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SF2008400402

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Decl, Counsel in Supp. Defs.' Req. for Ext. Time

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

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