Healy v. Taft Federal Correctional Institution, et al.

Filing 13

AMENDED ORDER re 11 Stipulation to Extend Time to Respond to Complaint and Continue Scheduling Conference, signed by Magistrate Judge Jennifer L. Thurston on 11/12/2014. Status Conference re Consent / Initial Scheduling Conference CONTINUED to 2/23/2015 at 09:00 AM in Bakersfield at 510 19th Street (JLT) before Magistrate Judge Jennifer L. Thurston. (Hall, S)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant UNITED STATES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL HEALY,

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Plaintiff,

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v.

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TAFT FEDERAL CORRECTIONAL
INSTITUTION, FEDERAL BUREAU OF
PRISONS, MANAGEMENT & TRAINING
CORPORATION,

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Defendants.

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Case No. 1:14−CV−01224 JLT
STIPULATION TO EXTEND TIME
TO RESPOND TO COMPLAINT AND
CONTINUE SCHEDULING
CONFERENCE; AMENDED ORDER
(Doc. 11)

Plaintiff Daniel Healy (“Plaintiff”), Defendants United States of America (“United States”)1, and

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Management & Training Corporation (“MTC”) (collectively “the parties”) stipulate, by and through the

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undersigned counsel, to extend the deadline for the United States and MTC to respond to the complaint

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to and including December 15, 2014.
The parties further agree to continue the date of the scheduling conference currently set for

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November 18, 2014 at 9:00 a.m. before Magistrate Judge Thurston in Bakersfield, California to

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February 13, 2015 at 9:00 a.m. before Magistrate Judge Thurston in Bakersfield, California.

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///

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The United States is the only proper federal defendant because federal agencies cannot be sued for
tort claims. See FDIC v. Meyer, 510 U.S. 471, 476 (1994); see also Pink v. Modoc Indian Health
Project, Inc., 157 F.3d 1185, 1188 (9th Cir. 1998) (“Congress did not expressly authorize suits
against federal agencies under the Federal Tort Claims Act.”).

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE SCHEDULING CONFERENCE; ORDER

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The parties base this stipulation on good cause, which includes the need for United States to
review the allegations in the Complaint and respond accordingly.
Accordingly, the parties stipulate and agree to continue the time for the United States and MTC

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to file a responsive pleading to the Complaint and the scheduling conference as specified below, and

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base it on the above-stated good cause. The parties request the court to endorse this stipulation by way

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of formal order.

Old Date

New Date

November 21, 2014

December 15, 2014

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Defendants’ response
to Complaint
(United States and MTC)

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Scheduling Conference

November 18, 2014

February 13, 2015 @9:00

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Respectfully submitted,
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Dated: November 5, 2014

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/s/Alyson A. Berg
Alyson A. Berg
Assistant United States Attorney
Attorney for Defendant United States of America

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BENJAMIN B. WAGNER
UNITED STATES ATTORNEY

Dated: November 5, 2014

WELEBIR, TIERNEY & WEEK, APLC
(As authorized 11/05/2014)

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/s/Douglas Welebir
Douglas Welebir
Attorneys for Plaintiff Daniel Healy

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Dated: November 4, 2014

BURKE, WILLIAMS & SORENSEN LLP
(As authorized 11/04/2014)

/s/Susan E. Coleman
Susan E. Coleman
Attorney for Defendant Management & Training
Corporation (MTC)

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE SCHEDULING CONFERENCE; ORDER

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ORDER

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Having reviewed the stipulation submitted by the parties, the court hereby extends the time for

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the United States and MTC to respond to the complaint to December 15, 2014. The scheduling

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conference currently set for November 18, 2014 is continued to February 23, 2015 at 9:00 a.m.

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IT IS SO ORDERED.
Dated:

November 12, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT AND CONTINUE SCHEDULING CONFERENCE; ORDER

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