Felix et al v. The State of California et al

Filing 26

STIPULATION and ORDER re: Filing of Amended Answer to First Amended Complaint. Defendant may file an Amended Answer to the First Amended Complaint (FAC) on or before November 15, 2013. Order signed by Magistrate Judge Sheila K. Oberto on 10/16/2013. (Timken, A)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 ROBERT FELIX and JACK PHELPS, individuals, 1:13-cv-00561-LJO-SKO STIPULATION AND ORDER RE: Plaintiffs, FILING OF AMENDED ANSWER TO FIRST AMENDED COMPLAINT 13 14 v. 15 16 17 THE STATE OF CALIFORNIA, DEPARTMENT OF DEVELOPMENTAL SERVICES, OFFICE OF PROTECTIVE SERVICES, 18 Defendant. 19 Pursuant to the Scheduling Order entered September 16, 2013, the Parties hereby stipulate 20 21 that Defendant may file an Amended Answer to the First Amended Complaint (FAC) on or 22 before November 15, 2013. The amendment alleges one additional affirmative defense and does 23 not require any modification to the existing scheduling order. Furthermore, the parties agree that 24 /// 25 /// 26 /// 27 28 1 Stipulation and Order Re: Filing of Amended Answer to First Amended Complaint (1:13-cv-00561-LJO-SKO) 1 the amendment is not prejudicial to plaintiffs, not the product of undue delay, not proposed in bad 2 faith and is not futile. 3 IT IS SO STIPULATED. 4 Dated: October 16, 2013 LAW OFFICE OF KEVIN SCHWIN 5 By: /s/ Kevin M. Schwin 6 Kevin Schwin Attorney for Plaintiffs Robert Felix and Jack Phelps 7 8 9 Dated: October 16, 2013 10 OFFICE OF THE ATTORNEY GENERAL By: /s/ Mary Horst 11 Mary Horst Deputy Attorney General Attorneys for Defendant Department of Developmental Services 12 13 14 15 ORDER 16 17 18 IT IS SO ORDERED. Dated: October 16, 2013 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 2 Stipulation and Order Re: Filing of Amended Answer to First Amended Complaint (1:13-cv-00561-LJO-SKO)

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