Sandres v. Corrections Corporation of America

Filing 22

STIPULATION and ORDER to Vacate hearing for the Motion to Dismiss and Strike the Complaint; to Extend time to answer and/or respond to the First Amended Complaint; to allow written discovery prior to Federal Rule of Civil Procedure 26(f) Conference and to extend time to respond to the first set of requests for productions of documents, signed by Judge Oliver W. Wanger on 11/3/2009. (Kusamura, W)

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PAUL M. GLEASON State Bar No.: 155569 RICHARD Y. CHEN State Bar No.: 225392 GLEASON & FAVAROTE, LLP 800 West Sixth Street, Suite 1010 Los Angeles, California 90017 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Corrections Corporation of America Barry M. Appell, Esq. APPELL HILAIRE BERNARDO LLP 15233 Ventura Blvd., Suite 420 Sherman Oaks, CA 91403 [phone] Fax: [phone] E-Mail: [e-mail] Attorney for Plaintiff, Terry Sandres UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

TERRY SANDRES, an individual, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, a Maryland corporation; and Does 1 through 50, inclusive, Defendants.

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Case No. 1:09-cv-01609-OWW-DLB State Court Case No. S-1500-CV-267904 DRL STIPULATION AND ORDER OF THE FOLLOWING: (1) TO VACATE HEARING DATE OF NOVEMBER 23, 2009 FOR THE MOTION TO DISMISS AND MOTION TO STRIKE THE COMPLAINT; (2) TO EXTEND TIME TO ANSWER AND/OR RESPOND TO THE FIRST AMENDED COMPLAINT;

(3) TO ALLOW WRITTEN DISCOVERY PRIOR TO FEDERAL RULE OF CIVIL PROCEDURE 26(F) CONFERENCE; AND

1.
PROOF OF SERVICE

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(4) TO EXTEND TIME TO RESPOND TO THE FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
Action Filed: Trial Date: July 24, 2009 None

THE PARTIES TO THE ABOVE-CAPTIONED MATTER, by and through their respective attorneys of record, hereby enter into this stipulation based on the following: WHEREAS, on September 15, 2009, defendant Corrections Corporation of America ("CCA") filed its motion to dismiss and motion to strike plaintiff Terry Sandres' ("Plaintiff") complaint ("Complaint") pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6) and 12(f). WHEREAS, on October 1, 2009, Plaintiff filed a First Amended Complaint ("FAC"). WHEREAS, based on the filing of the FAC, CCA agrees to withdraw its motion to dismiss and motion to strike the Complaint and requests that the hearing date of November 23, 2009 for these motions be vacated. WHEREAS, CCA anticipates filing a motion to strike the FAC pursuant to FRCP 12(f) (the "12(f) Motion"). WHEREAS, counsel for both parties have agreed that CCA may answer the FAC within 55 days from the FAC filing date of October 1, 2009. WHEREAS, counsel for both parties have agreed that the parties may propound written discovery prior to the FRCP 26(f) conference. WHEREAS, counsel for both parties have agreed that each party will have 45 days to respond to the first set of requests for production of documents propounded (extended an additional three days for any discovery served by mail pursuant to FRCP 6(d)) by either party. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties through their respective attorneys of record as follows: 1. The hearing date of November 23, 2009 for the motion to dismiss and motion to

strike the Complaint shall be vacated;

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2. 2009; 3. and 4.

CCA may answer the FAC within 55 days from the FAC filing date of October 1,

The parties may propound written discovery prior to the FRCP 26(f) conference;

Each party will have 45 days to respond to the first set of requests for production of

documents propounded (extended an additional three days for any discovery served by mail pursuant to FRCP 6(d)) by either party. Dated: October 8, 2009 APPELL HILAIRE BERNARDO LLP /s/ Barry Appell (as authorized on 10/08/09) By:___________________________________ Barry Appell Attorney for Plaintiff Terry Sandres Dated: October 8, 2009 GLEASON & FAVOROTE LLP /s/ Richard Y. Chen By: __________________________ Richard Y. Chen Attorney for Defendants

Corrections Corporation of America, CCA of Tennessee, LLC and CCA of Tennessee, Inc.

ORDER IT IS SO ORDERED.

Dated: November 3, 2009

By: /s/ OLIVER W. WANGER__ Oliver W. Wanger, Judge United States District Court

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