Waltz v. United States of America Department of Agriculture et al

Filing 69

STIPULATION to Continue Briefing of Opposition and Reply to the Defendant's Motion to Dismiss under FRCP 12(b)(6) for 30 days; ORDER - 1) Plaintiff's oppositon filed by 9/21/2009. 2) Defendant's reply filed by 10/5/2009. signed by Judge Sandra M. Snyder on 8/24/2009. (Herman, H)

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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 JAMES J. BANKS (SBN 119525) ROBERTA LINDSEY SCOTT (SBN 117023) BANKS & WATSON Hall of Justice Building 813 6th Street, Suite 400 Sacramento, CA 95814-2403 Telephone: (916) 325-1000 Facsimile: (916) 325-1004 E-Mail: jbanks@bw-firm.com Attorneys for Plaintiff BESSIE IRENE WALTZ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION BESSIE IRENE WALTZ, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. CASE NO. 1:07-cv-01691-SMS STIPULATION TO CONTINUE BRIEFING OF OPPOSITION AND REPLY TO THE DEFENDANT'S MOTION TO DISMISS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) FOR 30 DAYS; ORDER WHEREAS, counsel to the plaintiff has been advised that the plaintiff in that certain litigation styled, Marley v. United States, 567 F.3d 1030 (9th Cir. June 1, 2009), intends to seek review of the Ninth Circuit's decision through the filing of a Petition for Writ of Certiorari with the United States Supreme Court; and WHEREAS, the last day to file the Petition for Writ of Certiorari with the United States Supreme Court is August 31, 2009, 90 days following the date of the Marley decision; and WHEREAS, counsel to plaintiff and defendant have met and conferred about this development and have agreed to continue further briefing concerning defendant's motion filed under rule 12(b)(6) for a period of 30 days, to permit time to review and analyze the Petition for Writ of Certiorari. WHEREFORE, plaintiff and defendant, by and through their counsel, stipulate as follows: 1. The plaintiff's opposition to the defendants' rule 12(b)(6) motion shall be filed on or before September 21, 2009; {00045516.DOC; 1 } 1 PDF created with pdfFactory trial version www.pdffactory.com STIPULATION TO CONTINUE BRIEFING OF MOTION TO DISMISS 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. The defendant's reply shall be filed on or before October 5, 2009 DATED: August 20, 2009 By: BANKS & WATSON /s/ James J. Banks JAMES J. BANKS Attorneys for Plaintiff BESSIE IRENE WALTZ DATED: August 20, 2009 McGREGOR W. SCOTT United States Attorney By: /s/ E. Robert Wright E. ROBERT WRIGHT Assistant U.S. Attorney ORDER SO ORDERED. DATED: 8/24/2009 /s/ Sandra M. Snyder HON. SANDRA M. SNYDER Chief Magistrate Judge {00045516.DOC; 1 } 2 PDF created with pdfFactory trial version www.pdffactory.com STIPULATION TO CONTINUE BRIEFING OF MOTION TO DISMISS

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