Palmer v. Iosefa et al

Filing 21

STIPULATION and ORDER CONTINUING DATE TO FILE RESPONSE TO FIRST AMENDED COMPLAINT FOR DAMAGES. Defendants are granted a two-week extension of time for filing a response to the First Amended Complaint for Damages (Doc. 19). Defendants shall file a response to the First Amended Complaint for Damages on or by November 3, 2016. Order signed by Magistrate Judge Sheila K. Oberto on 10/16/2016. (Timken, A)

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1 2 3 4 5 6 7 8 KAMALA D. HARRIS, State Bar No. 146672 Attorney General of California PETER A. MESHOT, State Bar No. 117061 Supervising Deputy Attorney General NELI N. PALMA, State Bar No. 203374 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-2482 Fax: (916) 322-8288 E-mail: Neli.Palma@doj.ca.gov Attorneys for Defendants California Highway Patrol Officer Iosefa, California Highway Patrol Officer Crewse (erroneously sued herein as “Crelose”), and California Highway Patrol Officer McConnell 9 10 IN THE UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 13 14 ROBERT PALMER, 1:16-cv-00787-DAD-SKO 15 16 v. 17 18 19 20 Plaintiff, STIPULATION AND ORDER CONTINUING DATE TO FILE RESPONSE TO FIRST AMENDED COMPLAINT FOR DAMAGES CALIFORNIA HIGHWAY PATROL OFFICER IOSEFA; CALIFORNIA HIGHWAY PATROL OFFICER CRELOSE; CALIFORNIA HIGHWAY PATROL OFFICER MCCONNELL; and Does 1 to 10, inclusive, 21 Defendants. 22 THE PARTIES, by and through their respective attorneys of record, hereby stipulate to 23 24 and respectfully ask that the Court continue the date to file a response to the First Amended 25 Complaint for Damages currently due October 20, 2016, as follows: 26  On September 23, 2016, the Court issued an order in this action concerning Defendants’ 27 Motion to Dismiss (Doc. 10), and granting Plaintiff 14 days from said date to file a First 28 Amended Complaint. 1 Stipulation & Order Continuing Date to File Response to FAC (1:16-cv-00787-DAD-SKO) 1  2 3 On October 6, 2016, Plaintiff filed his First Amended Complaint for Damages (Doc. 19), a response to which is currently due on or by October 20, 2016.  On October 4, 2016, the Supervising Deputy Attorney General assigned to this case, Peter 4 Meshot, commenced a jury trial in this very Court in Courtroom 7, before the Honorable 5 Magistrate Judge Sheila K. Oberto (Zone Sports Center, LLC v. Ben Rodriguez, et al., 6 Case No. 1:11-cv-00622), which trial is expected to last until October 17 or 18, 2016, and 7 maybe longer depending on the length of jury deliberations. 8  9 On October 11, 2016, Deputy Attorney General Neli Palma, also counsel for Defendants, is scheduled to commence trial in Sacramento Superior Court (Dale Burns, v. Adam 10 Frazier, et a.l, Sacramento Superior Court Case No. 34-2012-00135263), which trial is 11 expected to last for two weeks. 12  For each of the foregoing reasons, the parties request that the Court grant Defendants a 13 two-week extension of time for filing a response to the First Amended Complaint for 14 Damages so that it is due on or by November 3, 2016. 15 IT IS SO STIPULATED. 16 Dated: October __, 2016 OFFICE OF THE ATTORNEY GENERAL 17 18 By _/s/ Neli N. Palma_________________ NELI N. PALMA Deputy Attorney General Attorneys for Defendants 19 20 21 Dated: October __, 2016 CHAIN, COHN, STILES 22 23 By _/s/ Neil K. Gehlawat_______________ NEIL K. GEHLAWAT Attorneys for Plaintiff 24 25 26 27 28 2 Stipulation & Order Continuing Date to File Response to FAC (1:16-cv-00787-DAD-SKO) 1 ORDER 2 Based on the parties’ above-stipulation, IT IS HEREBY ORDERED that Defendants are 3 granted a two-week extension of time for filing a response to the First Amended Complaint for 4 Damages (Doc. 19). Defendants shall file a response to the First Amended Complaint for 5 Damages on or by November 3, 2016. 6 7 8 IT IS SO ORDERED. Dated: October 16, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 .

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