Silveira et al v. State of California et al

Filing 36

STIPULATION to Extend Time to Respond to Second Amended Complaint; ORDER -, Defendant to respond to 2nd amended complaint by 7/19/2013. It is further ORDERED plaintiffs shall have 14 calendar days, in addition to the amount of time provided by FRCP 12, to answer or otherwise respond to a Cross-Complaint, defendant anticipates filing. signed by Magistrate Judge Barbara A. McAuliffe on 7/12/2013. (Herman, H)

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JOAN A. MARKOFF
Chief Counsel, Bar No. 121787
DAVID J. NEILL
Deputy Chief Counsel, Bar No. 186997
FROLAN R. AGUILING
Assistant Chief Counsel, Bar No. 235874
DAVID D. KING
Labor Relations Counsel, Bar No. 252074
DAVID M. VILLALBA
Labor Relations Counsel, Bar No. 258974
Department of Human Resources
State of California
1515 S Street, North Building, Suite 400
Sacramento, CA 95814-7243
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGETTE PICKETT, CHARLES
HUGHES, and FRANK SILVEIRA, as
individuals and on behalf of all others similarly
situated,

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Plaintiffs,
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v.
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JEFFREY A. BEARD, in his capacity as the
Secretary of the California Department of
Corrections and Rehabilitation; and DOES 2
through 10, inclusive,

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Defendants.

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Case No. 1:13-CV-00084-AWI-BAM
STIPULATION TO EXTEND TIME TO
RESPOND TO SECOND AMENDED
COMPLAINT; ORDER

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Whereas, on January 16, 2013, plaintiffs filed their original Complaint in this action;

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Whereas, on February 20, 2013, plaintiffs filed their First Amended Complaint in this

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action;
Whereas, on March 11, 2013, defendant filed a Motion to Dismiss and/or Strike Plaintiffs’
First Amended Complaint (“Motion to Dismiss”) in this action;
-1STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT

Whereas, on June 6, 2013, this Court granted defendant’s Motion to Dismiss and/or Strike

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without leave to amend as to plaintiffs’ FLSA claims for injunctive relief, and with leave to amend

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as to plaintiffs’ claims for declaratory relief and as to plaintiff Carlos Silveira;

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Whereas, on June 26, 2013, plaintiffs filed a Second Amended Complaint in this action;

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Whereas, defendant erroneously scheduled the last day to answer or otherwise respond to

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plaintiffs’ Second Amended Complaint, and as a result, failed to answer or otherwise respond to the
Second Amended Complaint within 14 days of service of the Second Amended Complaint as
required by Federal Rule of Civil Procedure 15, subsection (a)(3);

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Whereas, defendant requested and plaintiffs agreed that defendant may file and serve an
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answer or otherwise respond to the Second Amended Complaint on or before July 19, 2013;
Whereas, plaintiffs requested, and defendant agreed, that plaintiffs may have 14 calendar

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days, in addition to the amount of time provided by Federal Rule of Civil Procedure 12, to answer

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or otherwise respond to a Cross-Complaint defendant anticipates filing in this action in response to

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the Second Amended Complaint;
Accordingly, the parties to this action, through their respective attorneys of record, having

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telephonically conferred, DO HEREBY STIPULATE that the deadline to answer or otherwise

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respond to plaintiffs’ Second Amended Complaint, originally set for July 10, 2013, shall be

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extended to July 19, 2013, and plaintiffs shall have 14 calendar days, in addition to the amount of

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time provided by Federal Rule of Civil Procedure 12, to answer or otherwise respond to a Cross-

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Complaint defendant anticipates filing in response to the Second Amended Complaint.

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-2STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT

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Dated:

July 12, 2013

Respectfully submitted,
JOAN A. MARKOFF
Chief Counsel

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DAVID J. NEILL
Deputy Chief Counsel

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By: _/s/ David D. King______
DAVID D. KING,
Labor Relations Counsel
Attorney for Defendants

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Dated:

July 12, 2013

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By: /s/ Dennis Hyun
DENNIS HYUN
Attorney for Plaintiffs

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ORDER

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In consideration of the parties’ stipulation to extend the time for defendant to respond to

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plaintiffs’ second amended complaint, it is ORDERED that the deadline for defendant to respond to

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plaintiffs’ second amended complaint, originally set for July 10, 2013, shall be extended to July 19,

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2013. It is further ORDERED plaintiffs shall have 14 calendar days, in addition to the amount of

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time provided by Federal Rule of Civil Procedure 12, to answer or otherwise respond to a CrossComplaint defendant anticipates filing in this action in response to the Second Amended Complaint.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 12, 2013

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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-3STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT