(PC) Smithee v. California Correctional Institution

1 XAVIER BECERRA, State Bar No. 118517 Attorney General of California JOANNA B. HOOD, State Bar No. 264078 Supervising Deputy Attorney General JEREMY DUGGAN, State Bar No. 229854 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 210-6008 Fax: (916) 324-5205 E-mail: [email protected] Attorneys for Defendants K. Celosse 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION DANA SMITHEE, et al., Case No. 1:19-cv-00004-NONE-JLT 14 Plaintiffs, STIPULATION FOR CONTINUANCE OF SCHEDULING CONFERENCE; 15 v. [PROPOSED] ORDER 16 (Doc. 94) CA CORRECTIONAL INSTITUTION, et al., 18 Defendants.

20 The parties hereby stipulate and request that the scheduling conference in this matter, currently set for December 21, 2020 at 9:30 a.m., be continued to January 21, 2021 at 9:30 a.m.

22 A scheduling order may be modified upon a showing of good cause and by leave of Court. Fed. R. Civ. P. 6(b)(1)(A), 16(b)(4); see also Johnson v. Mammoth Recreations, Inc., 975 F.2d 604, 609 (9th Cir. 1992). Here, Defendant’s answer is currently due December 15, 2020, after the parties’ joint scheduling report is currently due. (See Minute Order, ECF No. 19.) The parties’ conference leading to the joint scheduling report cannot be as productive if done before the pleadings are set, which would lead to a less productive scheduling conference. The parties therefore agree to and request that the scheduling conference be continued to January 21, 2021.

1 The parties have sought two continuances of this date before. (ECF Nos. 13, 17.) The continuance is not being sought for any improper purpose.

3 Based on the foregoing, the parties stipulate as follows: that the scheduling conference, previously set for December 21, 2020 at 9:30 a.m., be continued to January 21, 2020 at 9:30 a.m.

6 Dated: December 11, 2020 Brod Law Firm, P.C.

7 /s/ Gregory J. Brod (as authorized 12/11/2020) Gregory J. Brod 9 Attorneys for Plaintiffs Dana Smithee and E.M., a minor by and through guardian ad 10 litem Jennifer Montes Dated: December 11, 2020 Respectfully submitted, 12 XAVIER BECERRA Attorney General of California 13 JOANNA B. HOOD Supervising Deputy Attorney General /s/ Jeremy Duggan JEREMY DUGGAN 16 Deputy Attorney General Attorneys for Defendant 17 K. Celosse

1 [Proposed] ORDER 2 Good cause appearing, the parties’ stipulation to continue the scheduling conference is GRANTED. The scheduling conference, previously set for December 21, 2020, at 9:30 a.m., is continued to January 21, 2021 at 9:30 a.m.

IT IS SO ORDERED.

7 Dated: December 11, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE