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Annette Sharlene Elder-Evins, Tr v. Michael J. Casey

December 15, 2011

ANNETTE SHARLENE ELDER-EVINS, TR., PLAINTIFF,
v.
MICHAEL J. CASEY, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Laurel Beeler

AS STIPULATED REQUEST FOR ORDER EXTENDING TIME AND [PROPOSED] ORDER MODIFIED BY THE COURT

Judge: Honorable Laurel Beeler Current Hearing

Date: January 19, 2011

Proposed Hearing Date: March 1, 2012 Time: 11:00 a.m. Courtroom: 4

JOINT STATEMENT IN SUPPORT OF STIPULATION

Pursuant to Rule 6-2(a), the parties hereby jointly request that the deadlines be extended as 21 set forth herein. 22

On April 4, 2011, Defendant Daniel Shacklett filed a Motion Re: Competency to determine Plaintiff's competency to act as her own attorney. (ECF Nos. 115-117.) On July 29, 2011, this 24 Court set the competency hearing for August 25, 2011. (ECF No. 156.) On August 10, 2011, the 25 Court recommended that the District Court refer Plaintiff to the Federal Pro Bono Project and 26 continued the competency hearing until November 17, 2011. (ECF No. 160.) On October 12, 2011, 27 this Court granted Plaintiff's Motion for Extension of Time and for Continuance of Competency 28 Hearing and continued the hearing until December 15, 2011. (ECF No. 176.) On November 7, 2011, this Court granted Plaintiff's Unopposed Second Motion for Extension of Time and for 2 Continuance of Competency Hearing and continued the hearing until January 19, 2012. (ECF No. 3 184.) 4

On November 17, 2011, Defendant Shacklett filed a Request to Present Oral Testimony of Dr. Apostle at the Motion Hearing and Order Thereon. (ECF No. 185.) The deposition of Dr. 6 Donald Apostle is scheduled to commence on December 21, 2011. 7

The parties hereto have conferred and request that the Court amend the briefing schedule and 8 continue the hearing date as follows: Plaintiff shall file an opposition to Defendant's Motion Re: 9 Competency on or before February 9, 2012; Defendant shall file a reply in further support of 10 Defendant's Motion Re: Competency on or before February 23, 2012; and the hearing on 11 Defendant's Motion Re: Competency shall be adjourned to March 1, 2012, at 11:00 a.m. Counsel 12 have met and conferred with attorney Robert Good, counsel for Dr. Apostle, and he has indicated his 13 agreement with the proposed schedule. A courtesy copy of this Stipulated Request for Order 14 Extending Time and [Proposed] Order has been transmitted to Mr. Good.

THE PARTIES HEREBY STIPULATE AS FOLLOWS:

1. Plaintiff shall file an opposition to Defendant's Motion Re: Competency no later than February 9, 2012;

2. Defendant shall file a reply in further support of Defendant's Motion Re: Competency no later than February 23, 2012; and

3. The hearing on Defendant's Motion Re: Competency shall be adjourned to 15 March 1, 2012, at 11:00 a.m.

4. DECLARATION PURSUANT TO L.R. 6-2(a): The parties declare that (1) the reason for the requested enlargement of time is Plaintiff's counsel will depose Dr. Apostle on December 21, 2011, and will require additional time to prepare an opposition to Defendant's Motion Re: Competency, currently due December 28, 2011, and (2) Defendant's counsel has a ten to fourteen day trial scheduled to commence on February 3, 2012. The parties hereto do not anticipate that this ...


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