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

Case 5:08-cv-00741-JF

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 PAUL T. HAMMERNESS Supervising Deputy Attorney General 3 HARRY T. (CHIP) GOWER, III (SBN 170784) Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 4 San Francisco, CA 94102-7004 Telephone: (415) 703-1336 5 Fax: (415) 703-5480 Email: [email protected] 6 7 Attorneys for Defendants S. Latham, M. Edwards, B. Jain, M. Morgan and M. McLean 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 MARC DAWSON, 13 Plaintiff, 14 v. 15 16 17 Defendants. 18 19 20 21 TO PLAINTIFF IN PRO PER: PLEASE TAKE NOTICE that defendants S. Latham, M. Edwards, B. Jain, M. Morgan S. LATHAM, M. EDWARDS, B. JAIN, M. MORGAN, M. MCLEAN and A. THACKER, MOTION FOR ADMINISTRATIVE RELIEF TO PERMIT ADDITIONAL TIME TO FILE MOTION FOR SUMMARY JUDGMENT OR OTHER DISPOSITIVE MOTION (Local Rule 7-11) Judge: Hon. Jeremy Fogel C 08-0741-JF(PR)

22 and M. McLean move for additional time to file a motion for summary judgment or other 23 dispositive motion. Plaintiff is a pro per inmate who claims that an incident of inadequate 24 medical care constitutes a violation of the Eighth Amendment. The motion for administrative 25 relief is made on the grounds that additional time is needed to obtain, review and analyze the 26 plaintiff's medical file, and to prepare dispositive motions on behalf of the five defendants who 27 have been served in the case. 28
[Motion for Administrative Relief] Dawson v. Latham, et al. C 08-0741-JF(PR)

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This motion is made upon this notice of motion and motion, the accompanying

2 memorandum of points and authorities and declaration of Deputy Attorney General Harry T. 3 Gower, III, and the papers and pleadings on file herein. 4 Dated: July 9, 2008 5 6 7 8 9 10 11 12 13 14 15 16 17 MEMORANDUM OF POINTS AND AUTHORITIES PROCEDURAL AND FACTUAL HISTORY The plaintiff Marc Dawson, a prisoner at High Desert State Prison in Susanville, was /s/ HARRY T. GOWER, III HARRY T. GOWER, III Deputy Attorney General Attorneys for Defendants S. Latham, M. Edwards, B. Jain, M. Morgan and M. McLean Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California PAUL T. HAMMERNESS Supervising Deputy Attorney General

18 previously incarcerated at Pelican Bay State Prison in Crescent City. He filed his pro se civil 19 rights complaint under 42 U.S.C. §1983 on February 6, 2008, complaining of inadequate medical 20 care at Pelican Bay. (Docket No. 3). 21 On May 8, 2008, the Court issued an Order of Partial Dismissal and Service; Directing

22 Defendants to File Dispositive Motion or Notice Regarding such Motion. (Docket No. 6). In the 23 Order, the Court ordered the United States Marshal to serve Plaintiff's complaint on six 24 individual defendants, and the Court ordered those defendants to file a motion for summary 25 judgment or other dispositive motion no later than 90 days from the date of the order, in other 26 words, no later than August 7, 2008. 27 /// 28
[Motion for Administrative Relief] Dawson v. Latham, et al. C 08-0741-JF(PR)

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The United States Marshal mailed the summons and complaint on the six defendants on

2 or about May 29, 2008. Defendants forwarded their summonses and complaints to the Office of 3 the Attorney General on or about June 29, 2008. The undersigned counsel received the case on 4 July 7, 2008, the Monday after the Fourth of July weekend. (Declaration of Harry T. Gower, III 5 ("Gower Decl."), ¶ 2.) 6 Defendants Latham, Edwards, Jain, Morgan and McLean acknowledged receipt of

7 service on July 8, 2008. (Gower Decl., ¶ 2.) Defendant Thacker has not acknowledged receipt 8 of service. 9 Defendants Latham, Edwards, Jain, Morgan and McLean now seek leave of court for

10 additional time to file a motion for summary judgment or other dispositive motion. Their 11 counsel did not receive the case until July 7, 2008, a mere thirty (30) days before the current 12 deadline for dispositive motions. Defendants have not yet obtained Plaintiff's medical and 13 dental records. Once those records are received, it will take some time to analyze them, 14 interview the persons involved, and then prepare a dispositive motion. (Gower Decl., ¶ 3.) 15 Accordingly, Defendants respectfully request that the time for them to file a dispositive

16 motion be extended an additional 90 days, to November 5, 2008. 17 18 ARGUMENT Defendants request an additional 90-day extension of time from February 6, 2008, up to

19 and including November 5, 2008, in order to file dispositive motions contemplated by the 20 Court's Order of Service. This request is made in good faith and not for the purpose of delay. 21 As stated above, service of the summons and complaint was not attempted until May 29, 2008, 22 defense counsel was not assigned to the matter until July 7, 2008, and defendants did not 23 acknowledge receipt of service until July 8, 2008. Plaintiff's records have not yet been obtained. 24 Once the records are obtained, they will need to be analyzed, then counsel will need time to 25 prepare a dispositive motion. 26 /// 27 /// 28
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CONCLUSION For the foregoing reasons, defendants Latham, Edwards, Jain, Morgan and McLean

3 request an extension of time in which to file a summary judgment or other dispositive motion to 4 November 5, 2008. 5 6 7 Dated: July 9, 2008 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[Motion for Administrative Relief] Dawson v. Latham, et al. C 08-0741-JF(PR)
20120561.wpd SF2008402111

Respectfully submitted, EDMUND G. BROWN JR. Attorney General of the State of California PAUL T. HAMMERNESS Supervising Deputy Attorney General

/s/ HARRY T. GOWER, III HARRY T. GOWER, III Deputy Attorney General Attorneys for Defendants S. Latham, M. Edwards, B. Jain, M. Morgan and M. McLean

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 PAUL T. HAMMERNESS Supervising Deputy Attorney General 3 HARRY T. (CHIP) GOWER, III (SBN 170784) Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 4 San Francisco, CA 94102-7004 Telephone: (415) 703-1336 5 Fax: (415) 703-5480 Email: [email protected] 6 7 Attorneys for Defendants S. Latham, M. Edwards, B. Jain, M. Morgan and M. McLean 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 MARC DAWSON, 13 Plaintiff, 14 v. 15 16 17 Defendants. 18 19 20 21 I, HARRY T. GOWER, III, declare: 1. I am a Deputy Attorney General for the State of California, licensed to practice Judge: Hon. Jeremy Fogel S. LATHAM, M. EDWARDS, B. JAIN, M. MORGAN, M. MCLEAN and A. THACKER, DECLARATION OF HARRY T. GOWER, III IN SUPPORT OF MOTION FOR ADMINISTRATIVE RELIEF TO PERMIT ADDITIONAL TIME TO FILE MOTION FOR SUMMARY JUDGMENT OR OTHER DISPOSITIVE MOTION (Local Rule 7-11) C 08-0741-JF(PR)

22 law before all courts in this State. I am the attorney assigned to defend S. Latham, M. Edwards, 23 B. Jain, M. Morgan and M. McLean in this action. The statements made in this declaration are 24 made and based upon my personal knowledge, and were I called as a witness I could and would 25 competently testify about them. 26 2. I received the file in this matter, which includes the defendants' requests for

27 representation, on July 7, 2008. My review of the file showed that the U.S. Marshals Service 28 mailed the summonses and complaints to the defendants on or about May 29, 2008. On behalf of
[Motion for Administrative Relief- Attorney Declaration] Dawson v. Latham, et al. C 08-0741-JF(PR)

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1 defendants S. Latham, M. Edwards, B. Jain, M. Morgan and M. McLean I acknowledged receipt 2 of summons and complaint on July 8, 2008. On information and belief, defendant Thacker is no 3 longer employed by the State of California, and is believed by his former employers to now 4 reside out-of-state. 5 3. Upon receipt of this case file, I immediately caused to be subpoenaed the

6 plaintiff's prison records. I have not yet received those records. Once the records are received, I 7 will have them reviewed and analyzed by a medical expert. I will also interview witnesses to 8 garner information not contained in the records. If the facts warrant, I will then prepare a 9 dispositive motion (or notify the Court that defendant will not file such a motion). 10 4. On May 8, 2008, this Court ordered that defendants file a dispositive motion

11 within 90 days of that date, in other words, by August 7, 2008. Because I just recently received 12 the case, I will not be able to prepare such a motion by August 7, 2008. Therefore, I respectfully 13 request that the Court give defendants an additional 90 days to prepare a dispositive motion, to 14 November 5, 2008. This request is made in good faith and not for the purpose of delay. 15 5. I have not obtained a stipulation for an extension of time from the plaintiff

16 because the time is so short to have this issue decided. Therefore, I am submitting this request 17 directly to the Court. 18 I declare under penalty of perjury under the laws of the United States that the foregoing is

19 true and correct. 20 21 22 23 24 25 26
20121159.wpd

Executed this 9th day of July, 2008, at San Francisco, California.

/s/

HARRY T. GOWER, III

HARRY T. GOWER, III

27 28

SF2008402111

[Motion for Administrative Relief- Attorney Declaration]

Dawson v. Latham, et al. C 08-0741-JF(PR)

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