Heine et al v. Vilsack et al

Filing 22

STIPULATION and ORDER GRANTING the parties' request for an extension of time to file a first amended complaint. Plaintiffs' first amended complaint, if any, shall be filed by 7/12/2013. The response to either the complaint, or first amended complaint, by defendants Dr. Pannu and the USDA, is due by 8/30/2013. Order signed by Magistrate Judge Sandra M. Snyder on 6/20/2013. (Rooney, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 BENJAMIN E. HALL
Assistant United States Attorney
3 2500 Tulare Street, Suite 4401
Fresno, CA 93721
4 Telephone: [phone]
Facsimile: [phone]
5
6 Attorneys for Defendants
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8
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 David Shayne Heine, California Veal Tech, Inc.
a California corporation,
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Plaintiffs,
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v.
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Tim Vilsack in His Official Capacity as United
16 States Secretary of Agriculture, United States
Department of Agriculture, United States
17 Department of Agriculture Food Safety and
Inspections Service, Yudhbir Sharma, DVM,
18 USDA Employee Known Only as “Dr. Pannu,”
USDA Employee Known only as “Ken,”USDA
19 Employee Known only as “Dr. Redding,”
USDA Employee Known Only as “Dr.
20 Henley,” Dr. Amy Lieder, Penny Patrali and
DOES 1-100 inclusive,
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Defendants.
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Case No. 1:12-CV-01992-AWI-SMS
STIPULATION AND ORDER
REGARDING AMENDMENT OF
COMPLAINT

Plaintiffs, David Shayne Heine and California Veal Tech, Inc. (“Plaintiffs”), and Defendant

24 United States Department of Agriculture (“USDA”), hereby stipulate and agree as follows:
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1.

In their Complaint (Doc. 1), Plaintiffs assert claims against the USDA and the

26 Secretary of Agriculture in his official capacity. The Complaint also names as defendants several
27 individual USDA employees. As of the date of this filing, only one of those individual defendants,
28 Dr. Inderjeet Pannu, has been served with the Summons and Complaint.
STIPULATION AND PROPOSED ORDER
REGARDING AMENDMENT OF COMPLAINT

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1

2.

The parties are engaged in discussions regarding the propriety of certain claims

2 asserted in the Complaint, particularly the claims asserted against individual USDA employees. The
3 United States contends that certain claims are not properly asserted here, and the Plaintiffs are
4 considering whether to make amendments to the Complaint that would remove or amend certain
5 causes of action.
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3.

The parties respectfully request that in the interest of justice and to avoid a

7 burdensome round of motion practice that could be avoided by amendment of the Complaint, the
8 Court order that (1) Plaintiffs’ First Amended Complaint, if any, shall be filed on or before July 12,
9 2013; and (2) the response of defendants Dr. Inderjeet Pannu and USDA to the Complaint or First
10 Amended Complaint, as applicable, shall be filed on or before August 30, 2013.
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Respectfully submitted,

12 Dated: June 18, 2013

BENJAMIN B. WAGNER
United States Attorney

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/s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendants

16 Dated: June 18, 2013

THE ZUMWALT LAW FIRM, APC.

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[E-signature authorized June 17, 2013]

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/s/ Graham S. Lopez
GRAHAM S. LOPEZ
Attorneys for Plaintiffs

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ORDER
Good cause appearing, IT IS HEREBY ORDERED as follows:
1.

Plaintiffs’ First Amended Complaint, if any, shall be filed on or before July 12, 2013.

2.

The response of defendants Dr. Inderjeet Pannu and USDA to the Complaint or First

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Amended Complaint, as applicable, shall be filed on or before August 30, 2013.

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27 Dated: June 20, 2013

/s/ SANDRA M. SNYDER
HONORABLE SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND PROPOSED ORDER
REGARDING AMENDMENT OF COMPLAINT

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