Richardson v. Federal Bureau of Prisons, et al.

Filing 17

STIPULATION and ORDER Regarding First Amended Complaint for Damages and Withdrawal of Defendant's 13 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 06/24/2010. Answer to Complaint due by 7/27/2010. (Flores, E)

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1 2 3 4 5 6 7 8 9 CHRISTINA A. DiEDOARDO California Bar No. 258714 LAW OFFICES OF CHRISTINA DiEDOARDO 201 Spear Street Suite 1100 San Francisco, CA 94105 (415) 839-5098 Christina@diedoardolaw.com Attorney for Plaintiff Tony Richardson UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRESNO DIVISION 11 12 13 14 15 16 17 18 19 20 21 TONY RICHARDSON Plaintiff, vs. UNITED STATES of AMERICA, DOE PRISONERS I-XX, individually and DOES I-XX, inclusive. Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 1:09-cv-02082-LJO/GSA STIPULATION REGARDING FIRST AMENDED COMPLAINT FOR DAMAGES AND WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS STIPULATION REGARDING FIRST AMENDED COMPLAINT FOR DAMAGES AND WITHDRAWAL OF DEFENDANT'S MOTION TO DISMISS COMES NOW Ms. Christina A. DiEdoardo, Esq., attorney for Plaintiff and Assistant United States Attorney Alyson A. Berg, attorney for Defendants and hereby stipulate and agree 22 as follows: 23 1. Plaintiff shall file the enclosed First Amended Complaint, a copy of which is attached 24 as Exhibit "1". 25 2. Because the new pleading moots the Motion to Dismiss filed by the United States, said motion should be taken off-calendar; -1 - 1 2 3. The United States shall file an Answer to the First Amended Complaint within thirty 3 (30) days after it has been filed. 4 5 6 7 8 9 10 11 12 13 14 15 /s/_____________ Christina A. DiEdoardo Attorney for Plaintiff Dated: June 24, 2010 /s/ ______________________ AUSA Alyson Berg Attorney for Defendant Dated:____________ ORDER Based on the application and representation of the parties and good cause appearing, Plaintiff shall file the First Amended Complaint referenced by the stipulation entered into by counsel between the parties, the Motion to Dismiss filed by the United States and presently set for hearing on July 6, 2010 at 8:30 a.m. is MOOT and hereby taken OFF-CALENDAR and the United States shall file an Answer to the First Amended Complaint within thirty (30) days after it has been filed with the Court. 16 I T IS SO ORDERED. 17 18 19 20 21 22 23 24 25 D a ted : 66h44d June 24, 2010 /s/ Lawrence J. O'Neill U N I T E D STATES DISTRICT JUDGE -2 -

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