Franken v. Jewell

Filing 23

STIPULATION and ORDER GRANTING the parties' request for an extension of time to 4/10/2016 for receipt of defendant, Secretary of the Interior's, responsive pleading. The Court further CONTINUES the Initial Scheduling Conference currently set for 3/8/2016 and CONTINUES it to 4/25/2016 at 09:30 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 2/16/2016. (Rooney, M)

1 BENJAMIN B. WAGNER
United States Attorney
2 BRUCE A. EMARD
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for the Secretary of the Interior
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

KEVIN FRANKEN,

12

CASE NO. 1:15-cv-01368-EPG
Plaintiff,

13

v.

14

SALLY JEWELL, Secretary, U.S. Department
of the Interior: YELLOWSTONE NATIONAL
PARK; DAVID HALLAC, individually; and
DOES 1-8;

15

STIPULATION AND
ORDER TO EXTEND DEADLINE
FOR SECRETARY OF THE
INTERIOR TO RESPOND TO FIRST
AMENDED COMPLAINT

16
Defendants.
17
18
Plaintiff filed his original Complaint on September 8, 2015 (ECF No. 1) and served it on the

19

20 United States Attorney’s Office on September 18, 2015. On January 12, 2016, plaintiff filed his
21 First Amended Complaint (ECF No. 18) and served it on the United States Attorney’s Office on
22 February 11, 2016. The First Amended Complaint added new defendants whose responsive
23 pleadings are due within sixty days of the date of service. To avoid unnecessary attorney time and
24 expenses and to conserve judicial resources, the parties wish to extend the time for the Secretary of
25 the Interior to respond to the First Amended Complaint from February 12, 2016 to April 10, 2016, a
26 date that is approximately the date when the responsive pleadings of the newly added defendants are
27 due.
28
29
30

STIPULATION AND ORDER TO EXTEND
DEADLINE FOR SECRETARY OF INTERIOR TO RESPOND TO FAC

1

1

Based on the foregoing, the parties, through their respective undersigned counsel, hereby

2 stipulate and agree that defendant Secretary of the Interior shall have until April 10, 2016 to respond
3 to the First Amended Complaint.
4
5 Dated: February 12, 2016

BENJAMIN B. WAGNER
United States Attorney

6
By:
7

/s/ Bruce A. Emard
BRUCE A. EMARD
Assistant United States Attorney

8
Attorneys for Secretary of Interior
9
10
11 Dated: February 12, 2016
12

BASSINGER & HARVEY
By:

Randy J. Harvey
RANDY J. HARVEY

13
Attorney for Kevin Franken
14
15
16
17
18
19
20
21
22
23
24
25
26

ORDER
The Secretary of the Interior shall have until April 10, 2016 to respond to the First Amended
Complaint. In light of this extension, and the fact that the other defendants have not yet appeared in
this action, the scheduling conference currently scheduled for March 8, 2016 at 9:00 a.m is
VACATED, and is rescheduled until April 25, 2016 at 9:30 a.m. in Courtroom 10 (EPG) before
Magistrate Judge Erica P. Grosjean. The parties shall file a joint scheduling report seven days prior
to the scheduling conference. Additionally, all parties shall be properly served and executed proofs
of service shall also be filed seven days prior to the scheduling conference.
Finally, if the United States Attorney’s Office will be representing the defendants who have
not yet appeared, the Court requests that any Consent/Decline to Magistrate Judge Jurisdiction Form
be filed at the time of the joint scheduling report to facilitate the issuance of the scheduling order in

27
28
29
30

STIPULATION AND ORDER TO EXTEND
DEADLINE FOR SECRETARY OF INTERIOR TO RESPOND TO FAC

2

1 this action. The Court notes that this case was initially filed on September 8, 2015 (Doc. 1),
2 therefore, any future continuances will be looked upon with disfavor
3
4
5
6

IT IS SO ORDERED.
Dated:

February 16, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

STIPULATION AND ORDER TO EXTEND
DEADLINE FOR SECRETARY OF INTERIOR TO RESPOND TO FAC

3