Christ v. McCraw
Filing
29
STIPULATION and ORDER signed by Magistrate Judge John F. Moulds on 6/10/2011 and agreed between the parties to STAY briefing on pltf's 12 motion for an order permitting him to correspond w/ third-party witness. (Yin, K)
<![CDATA[
1
2
3
4
5
6
KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
MICHAEL W. JORGENSON, State Bar No. 201145
Supervising Deputy Attorney General
JULIANNE MOSSLER, State Bar No. 243749
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: (415) 703-5746
Fax: (415) 703-5843
E-mail: Julianne.Mossler@doj.ca.gov
Attorneys for Defendant McCraw
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
SACRAMENTO DIVISION
11
12
JON CHRIST,
11-CV-01156 GEB JFM (PC)
13
Plaintiff,
STIPULATION TO STAY BRIEFING
ON PLAINTIFF’S MOTION FOR AN
ORDER PERMITTING HIM TO
CORRESPOND WITH THIRD-PARTY
WITNESSES; ORDER
14
v.
15
16
S. McCRAW, et al.,
Judge
Hon. Garland E. Burrell, Jr.
Defendants. Trial Date TBD
Action Filed: 11/2/2010
17
18
19
Plaintiff John Christ, and Defendant McCraw through his counsel of record, jointly request
20
that the Court enter an order staying further briefing on Plaintiff’s motion for an order permitting
21
him to correspond with third-party witnesses (Docket No. 12) for the following reasons:
22
1.
On May 18, 2011, Magistrate Judge John F. Moulds issued an order instructing
23
Defendant to file and serve a response to the complaint, and also file and serve a response to
24
Plaintiff’s motion for an order permitting him to correspond with inmate witnesses by June 7,
25
2011. (Docket No. 22.)
26
2.
In response to that order, counsel for Defendant has been in contact with prison
27
officials California State Prison, King-Avenal (Avenal), where Plaintiff is currently confined, and
28
California State Prison, Solano (Solano), where the third-party witnesses are confined, to discuss
1
Stip. Stay Briefing Mot. Corresp. Third-Party Witnesses; Order (11-CV-01156 GEB JFM (PC))
1
the matter of Plaintiff’s request to correspond with other inmates. Plaintiff and Defendant’s
2
counsel also met and conferred about the matter over the telephone on the morning of June 7,
3
2011.
4
3.
The parties are informed and believe that Plaintiff’s request for permission to
5
correspond with inmates at Solano has been approved by prison officials at Avenal, and is
6
awaiting consideration and approval by officials at Solano. The parties have a good-faith belief
7
that Solano will also approve the request, but the timeline for that approval is uncertain.
8
9
4.
In order to preserve Court resources, the parties request that the briefing schedule for
Defendant’s opposition and Plaintiff’s reply set out in the May 18, 2011 order (Docket No. 22) be
10
stayed until such time as Solano issues a response to Plaintiff’s request to correspond with
11
inmates at that institution.
12
5.
In the event that Solano approves Plaintiff’s request, he will, within 14 days of
13
receiving that approval, file a notice of withdrawal of his motion for a court order permitting him
14
to correspond with the inmates at Solano.
15
6.
On the other hand, if Solano denies Plaintiff’s request, within 14 days of receiving
16
notice of that denial from Plaintiff, Defendant file his opposition to Plaintiff’s motion for an order
17
permitting him to correspond with third-party witnesses.
18
19
IT IS SO AGREED.
DATED: June 7, 2011
/s/ Julianne Mossler
JULIANNE MOSSLER
Deputy Attorney General
Attorney for Defendant McCraw
DATED: June 7, 2011
_________________________
JOHN CHRIST
Plaintiff in pro se
20
21
22
23
24
25
IT IS SO ORDERED.
DATED: June 10, 2011
26
27
SF2011400226
20463216.doc
28
2
Stip. Stay Briefing Mot. Corresp. Third-Party Witnesses; Order (11-CV-01156 GEB JFM (PC))
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
