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Jerry Valdivia, et al v. Edmund G. Brown

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 17, 2011

JERRY VALDIVIA, ET AL.,
PLAINTIFFS,
v.
EDMUND G. BROWN, JR., ET AL., DEFENDANTS.

ORDER MODIFYING THE SCHEDULE FOR BRIEFING AND HEARING REGARDING PROPOSITION 9 REMAND PROCEEDINGS

[

Having reviewed the relevant pleadings, and good cause appearing, the Court modifies the schedule for briefing and hearing regarding Proposition 9, § 5.3 remand proceedings.

IT IS HEREBY ORDERED THAT:

1. Defendants shall file a Motion to Enforce Penal Code § 3044 and to Modify the Permanent Injunction on or before August 31, 2011.

2. Plaintiffs shall file a Motion to Enforce the Injunction on or before August 31, 2011.

3. Opposition briefs to those motions shall be filed on or before October 3, 2011.

4. Reply briefs may be filed on or before October 18, 2011.

5. The motions shall be heard on November 4, 2011 at 10:00 a.m.

6. Parties may request discovery for the purpose of opposing the other party's motion on or before September 14, 2011. Such requests will be treated in a similar manner to requests for discovery in the summary judgment context. If the Court grants a request for discovery, the briefing schedule will be modified.

7. Nothing in this Order or prior Orders regarding the procedures and scheduling for the motions on remand regarding Proposition 9 shall be construed as limiting the Plaintiffs' to monitor compliance with the Permanent Injunction in this case, as set forth in ¶ 25 of the Injunction.

IT IS SO ORDERED.

20110317

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