Case 2:12-cv-02497-KJM-EFB Document 94 Filed 12/20/12 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1

Stipulation and [Proposed] Order Continuing District Court Proceedings Pending Appeal (2:12-cv-02497)

KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California TAMAR PACHTER, State Bar No. 146083 Supervising Deputy Attorney General ALEXANDRA ROBERT GORDON,State Bar No. 207650 DANIEL POWELL, State Bar No. 230304 Deputy Attorneys General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5509 Fax: (415) 703-5480 E-mail: Alexandra.RobertGordon@doj.ca.gov Attorneys for California State Defendants IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

DAVID PICKUP, ET AL.,

2:12-cv-02497 Plaintiffs, STIPULATION AND [PROPOSED] ORDER RE CONTINUING DISTRICT COURT PROCEEDINGS PENDING PRELIMINARY INJUNCTION APPEAL Courtroom: Judge: 3 The Honorable Kimberly J. Mueller Action Filed: October 4, 2012

v.

EDMUND G. BROWN JR. GOVERNOR OF THE STATE OF CALIFORNIA, IN HS OFFICIAL CAPACITY, ET AL., Defendants, and EQUALITY CALIFORNIA, Defendant-Intervenor.

Case 2:12-cv-02497-KJM-EFB Document 94 Filed 12/20/12 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
Stipulation and [Proposed] Order Continuing District Court Proceedings Pending Appeal (2:12-cv-02497)

Plaintiffs David Pickup et al. (Plaintiffs), Defendants Edmund G. Brown, Jr., Governor of the State of California in his official capacity; Anna M. Caballero, Secretary of the California State and Consumer Services Agency, in her official capacity; Kim Madsen, Executive Officer of the California Board of Behavioral Sciences, in her official capacity; Michael Erickson, President of the California Board of Psychology, in his official capacity; and Sharon Levine, President of the Medical Board of California, in his official capacity (the California State Defendants), and Defendant-Intervenor, Equality California (collectively, the Parties), by and through their respective counsel, hereby stipulate and agree as follows: WHEREAS, on December 4, 2012, this Court issued an Order denying Plaintiffs’ motion for a preliminary injunction; WHEREAS, on December 4, 2012, Plaintiffs filed a Notice of Appeal in the Ninth Circuit Court of Appeals as to this Court’s December 4, 2012 Order denying Plaintiffs’ motion for a preliminary injunction; WHEREAS, the last day for California State Defendants and Defendant-Intervenor to answer or otherwise respond to Plaintiffs’ Complaint currently is December 24, 2012; WHEREAS, there currently is a Status Conference in this matter scheduled for February 7, 2013, with a Joint Status Report due on February 1, 2012; WHEREAS, in light of the pending appeal in the Ninth Circuit, and in the interest of judicial economy and efficiency and to save judicial and party resources, the Parties have agreed that Defendants may have an extension until February 1, 2013 to respond to the complaint. THEREFORE, in consideration of the foregoing, it is hereby stipulated that: 1. The last day for California State Defendants and Defendant-Intervenors to answer

or otherwise respond to Plaintiffs’ Complaint is continued until February 1, 2013, 2. The February 7, 2013 Status Conference shall be continued until March 22, 2013,

or the earliest date thereafter that is convenient for the Court.

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Stipulation and [Proposed] Order Continuing District Court Proceedings Pending Appeal (2:12-cv-02497)

Dated: December 20, 2012

Respectfully submitted, KAMALA D. HARRIS Attorney General of California TAMAR PACHTER Supervising Deputy Attorney General /s/ Alexandra Robert Gordon ALEXANDRA ROBERT GORDON Deputy Attorney General Attorneys for California State Defendants NATIONAL CENTER FOR LESBIAN RIGHTS 870 Market Street, Suite 370 SAN FRANCISCO, CA 94102 Tel: (415) 392-6257 Fax: (415) 392-8442 Email: Sminter@nclrights.org s/ Shannon P. Minter SHANNON P. MINTER (SBN 168907) Attorneys for Defendant-Intervenor MUNGER, TOLLES & OLSON LLP 560 MISSION STREET, 27TH FLOOR SAN FRANCISCO, CA 94105 Tel: (415) 512-4000 Fax: (415) 512-4077 Email: Michelle.Friedland@mto.com /s/ Michelle Friedland MICHELLE FRIEDLAND (SBN 234124) Attorneys for Defendant-Intervenor LIBERTY COUNSEL P.O. BOX 11108 Lynchburg, VA 24506 Tel: (434) 592-7000 Fax: (434) 592-7700 Email: court@lc.org /s/ Mary E. McAlister MARY E. MCALISTER (SBN148570) Attorneys for Plaintiffs David Pickup et al.

HAVING CONSIDERED THE STIPULATION OF THE PARTIES, AND GOOD CAUSE APPEARING, IT IS SO ORDERED: Dated: _____________________ ___________________________ Hon. Kimberly J. Mueller

Case 2:12-cv-02497-KJM-EFB Document 94 Filed 12/20/12 Page 4 of 4

CERTIFICATE OF SERVICE
Case Name: Pickup, David, et al. v. Brown, et al. No. 2:12-cv-02497

I hereby certify that on December 20, 2012, I electronically filed the following documents with the Clerk of the Court by using the CM/ECF system: STIPULATION AND [PROPOSED] ORDER RE CONTINUING DISTRICT COURT PROCEEDINGS PENDING PRELIMINARY INJUNCTION APPEAL I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the CM/ECF system. I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on December 20, 2012, at San Francisco, California.

N. Newlin Declarant
20659197.doc

/s/ N. Newlin Signature

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