Beard et al v. United States Department of Agriculture Forest Services et al

Filing 22

STIPULATION and ORDER for Extension of Time for United States to Respond to Complaint signed by Magistrate Judge Gary S. Austin on 11/10/2014. (Martinez, A)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENNIS BEARD and KIMBERLY
BEARD,
Plaintiffs,

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Case No. 1:14-cv-01045-GSA
STIPULATION and ORDER FOR
EXTENSION OF TIME FOR UNITED
STATES TO RESPOND TO COMPLAINT

v.
UNITED STATES OF AMERICA
DEPARTMENT OF AGRICULTURE;
PELAYO LOGGING, INC; SIERRA
FOREST PRODUCTS; RIGHT-A-WAY AG
SERVICES, LCC, and DOES 1-50,
Defendants.

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Plaintiffs filed their First Amended Complaint August 28, 2014. (Dkt. No. 7). The parties are

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engaged in ongoing settlement discussions and hope to resolve a portion of this matter, which could

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result in the dismissal of one or more defendants, before filing responsive pleadings or engaging in

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pre-answer motion practice. The parties therefore stipulated, and the Court approved an extension of

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time for Defendants to respond to the Complaint and file any third party claims to October 24, 2014.

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(Dkt. No. 13). The Court approved a further extension up to and including November 7, 2014, for

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Defendants to respond to the Complaint and file any third party claims. (See Dkt. No. 16). It is likely

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that this matter will resolve as against the private defendants, and be dismissed as against the federal

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defendants. Therefore, Plaintiffs and the United States hereby stipulate to an extension of time of 28

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days, up to and including December 5, 2014, for the United States to respond to the Complaint and to

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STIPULATION TO EXTEND TIME FOR USA TO RESPOND TO COMPLAINT; ORDER THEREON

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file any third party, cross-claims, or counter-claims.

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Respectfully submitted,

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DATED: November 6, 2014

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CORNWELL & SAMPLE LLP
By:

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Sher A. Beard (auth. on 11/5/14)
Sher A. Beard
Attorneys for Plaintiffs

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DATED: November 6, 2014

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BENJAMIN B. WAGNER
United States Attorney
By:

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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ORDER

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Based on the parties’ foregoing stipulation, the United States is granted an extension of time,

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up to and including December 5, 2014, to respond to Plaintiffs’ complaint and to file any third-party

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claims, cross-claims, or counter-claims.

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IT IS SO ORDERED.
Dated:

November 10, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND TIME FOR USA TO RESPOND TO COMPLAINT; ORDER THEREON

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