Mercardo et al v. The United States of America et al

Filing 66

ORDER GRANTING 65 Stipulation to Extend Time for Defendants to Respond to First Amended Complaint, signed by Magistrate Judge Jennifer L. Thurston on 12/21/2016. (Hall, S)

1 Edward M. Higginbotham (SBN 231636)
Paul L. Alaga (SBN221165)
2 Ian B. Kelley (SBN215393)
885 Bryant Street, 2nd Floor
3
San Francisco, CA 94103
4 Telephone: [phone]
Fax: [phone]
5
Attorneys for Plaintiffs
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Susan E. Coleman (SBN 171832)
7 Kristina Gruenberg
BURKE, WILLIAMS & SORENSEN, LLP
8 444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
9 Telephone: [phone]
Fax: [phone]
10 [e-mail]
11 Attorney for Defendant
Manangement & Training Corporation and
12 Michael Benov
13 PHILLIP A. TALBERT
United States Attorney
14 ALYSON A. BERG
Assistant United States Attorney
15 2500 Tulare Street, Suite 4401
16 Fresno, California 93721
Telephone: [phone]
17 Facsimile: [phone]
18 Attorneys for Defendant
United States of America
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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22 SAMUEL MERCARDO, ET AL,
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Case No. 1:13-cv-01535 AWI-JLT

Plaintiffs,

25 UNITED STATES OF AMERICA, ET AL.,

JOINT STIPULATION TO EXTEND TIME
FOR DEFENDANTS TO RESPOND TO
THE FIRST AMENDED COMPLAINT
AND [PROPOSED] ORDER

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(Doc. 65)

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v.

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER

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On December 9, 2016, Plaintiffs Samuel Mercardo, Donald Gayle, Jesus Ramos, Jesus

2 Andrade, Gilberto Gonzalez Betancourt, Wanna Win, Musa Gowon, Jose Portillo Mayorga, Victor
3 Martinez, Jorge Rivera-Vallejo, Edgar Prado Castaneda, Gonzalo Cisneros Reyes, Lucio
4 Palomares, and Hector Bazan filed a First Amended Complaint against the Defendants, the United
5 States; its contractor, Management & Training Corporation (MTC); and the warden of the Taft
6 Correctional Institution (TCI), Michael Benov. Pursuant to the court’s order, the United States
7 shall file a responsive pleading by December 29, 2016 and MTC need not file a responsive
8 pleading. (ECF No. 59).
9

All defendants intend to challenge the present First Amended Complaint with motions.

10 However, to allow all the parties to attempt to avoid motions as the Defendants’ initial responses,
11 counsel for all parties have met and conferred and agree to extend the deadline for responsive
12 pleadings to and including February 6, 2017. As the parties are seeking to narrow the issues for
13 any potential motions, or eliminate such motions entirely, good cause exists to continue the
14 response date for the United States from December 29, 2016 to and including February 6, 2017,
15 and also allow MTC and Michael Benov to and including February 6, 2017, for filing their
16 motions, if necessary.
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Accordingly, Plaintiffs and Defendants hereby stipulate and agree as follows:

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1. The deadline for the United States to respond to the First Amended Complaint shall be

19 extended up to and including February 6, 2017.
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2. The deadline for Management & Training Corporation and Michael Benov to respond

21 to the First Amended Complaint shall be set for February 6, 2017.
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3. This stipulation will not alter the date of any event or any deadline already fixed by

23 Court order.
24 DATED: December 19, 2016

Respectfully submitted,

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(As authorized 12/19/2016)

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/s/ Edward M. Higginbotham
EDWARD M. HIGGINBOTHAM
IAN B. KELLEY
PAUL L. ALAGA
Attorneys for Plaintiffs SAMUEL MERCADO,
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JOINT STIPULATION AND [PROPOSED] ORDER

DONALD GAYLE, JESUS RAMOS, JESUS
ANDRADE, GILBERTO GONZALEZ
BETANCOURT, WANA WIN, MUSA GOWON,
JOSE PORTILLO MAYORGA, VICTOR MARTINEZ,
JORGE RIVERA-VALLEJO, EDGAR PRADO
CASTANEDA, GONZALO CISNEROS REYES,
LUCIO PALMOARES, and HECTOR BAZAN

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DATED: December 21, 2016

BURKE, WILLIAMS & SORENSEN, LLP

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(As authorized 12/19/2016)

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/s/ Kristina Gruenberg
KRISTINA GRUENBERG
SUSAN E. COLEMAN
Attorney for Defendant
Manangement & Training Corporation and
Michael Benov

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11 DATED: December 21, 2016

PHILLIP A. TALBERT
United States Attorney

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/s/ Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney
Attorneys for Defendant,
United States of America

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[PROPOSED] ORDER
Having reviewed the stipulation submitted by the parties and for good cause showing, the
court hereby orders as follows:
1. The deadline for the United States to respond to the First Amended Complaint shall be
extended up to and including February 6, 2017.
2. The deadline for Management & Training Corporation and Michael Benov to respond
to the First Amended Complaint shall be set for February 6, 2017.
3. This stipulation will not alter any other date of any event or any deadline already fixed

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by Court order.

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IT IS SO ORDERED.

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Dated:
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December 21, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE
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JOINT STIPULATION AND [PROPOSED] ORDER

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JOINT STIPULATION AND [PROPOSED] ORDER