California Department of Health Care Services v. Director, California Office of Administrative Hearings

Filing 5

STIPULATION and ORDER for Tuolumne County Office of Education and Sonora Elementary School District's extension of time to file responsive pleading to complaint. Signed by Magistrate Judge Stanley A. Boone on 11/27/2013. (Hernandez, M)

1 Gregory A. Wedner SBN 067965
Mary L. Kellogg, SBN 223258
2 LOZANO SMITH
515 S. Figueroa Street, Suite 750
3 Los Angeles, CA 90071
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
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[e-mail]
6 Attorneys for Real Parties in Interest
TUOLUMNE COUNTY OFFICE OF EDUCATION and
7 SONORA ELEMENTARY SCHOOL DISTRICT
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES,
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Petitioner,
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vs.
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DIRECTOR, CALIFORNIA OFFICE OF
15 ADMINISTRATIVE HEARINGS,

Case No. 1:13-cv-1858-LJO-SAB

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Trial:

Respondents.
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STIPULATION AND ORDER FOR
TUOLUMNE COUNTY OFFICE OF
EDUCATION AND SONORA
ELEMENTARY SCHOOL DISTRICT’S
EXTENSION OF TIME TO FILE
RESPONSIVE PLEADING TO
COMPLAINT
None Set

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PARENTS ON BEHALF OF STUDENT;
18 SONORA ELEMENTARY SCHOOL DISTRICT;
TUOLUMNE COUNTY OFFICE OF
19 EDUCATION,
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Real Parties in Interest.

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Plaintiff CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES (“Plaintiff”) and

23 Real Parties in Interest TUOLUMNE COUNTY OFFICE OF EDUCATION (“TCOE”) and SONORA
24 ELEMENTARY SCHOOL DISTRICT (“District”) hereby stipulate to and request an order extending
25 the time for the TCOE and the District to answer or otherwise respond to the Petition for Writ of
26 Mandate; Complaint for Declaratory Relief (“Complaint”) in this matter, pursuant to Federal Rules of
27 Civil Procedure, Rule 6(b).
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Plaintiff served the Complaint upon the TCOE and District’s agent by Notice and

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acknowledgment on October 22, 2013. The TCOE’s agent returned the Notice and Acknowledgment on

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October 23, 2013. The District’s agent returned the Notice and Acknowledgement on October 25, 2013.

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On November 15, 2013, Real Party in Interest, Parents on behalf of Student, filed a Notice of Removal

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to this Court. As a result, the TCOE’s and the District’s response to the Complaint is presently due

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Thursday, November 21, 2013. No previous extensions have been given as to the TCOE and the

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District’s answer or other response to this Complaint.

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Plaintiff and Real Parties in Interest TCOE and District hereby stipulate to and request an order

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granting the TCOE and the District a twenty (20) day extension of time, up to and including December

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11, 2013, in which to answer or otherwise respond to the First Amended Complaint.

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Dated: November 20, 2013

Respectfully submitted,

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LOZANO SMITH

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/s/ Gregory A. Wedner
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GREGORY A. WEDNER
MARY L. KELLOGG
Attorneys for Real Parties in Interest
TUOLUMNE COUNTY OFFICE OF
EDUCATION and SONORA ELEMENTARY
SCHOOL DISTRICT

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Dated: November 20, 2013

Respectfully submitted,
STATE OF CALIFORNIA,
ATTORNEY GENERAL

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/s/ Ashante Norton
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ASHANTE L. NORTON
ISMAEL A. CASTRO
KAMALA D. HARRIS
Attorneys for Plaintiff
CALIFORNIA DEPARTMENT OF HEALTH
CARE SERVICES

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IT IS SO ORDERED.
Dated:

November 27, 2013
UNITED STATES MAGISTRATE JUDGE

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