Desmond v. Harris et al

Filing 28

STIPULATION and ORDER re Extension of Time to Answer or Otherwise Respond to Complaint: Defendants' last day to answer or otherwise respond to Plaintiff's Complaint shall be January 9, 2017. No further extensions based upon settlement discussions will be granted. signed by Magistrate Judge Barbara A. McAuliffe on 12/7/2016. (Herman, H)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
TAMAR PACHTER, State Bar No. 146083
Supervising Deputy Attorney General
ALEXANDRA ROBERT GORDON, State Bar No. 207650
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION

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TIMOTHY J. DESMOND,

1:16-cv-01206-DAD-BAM

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v.
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Plaintiff, STIPULATION AND [PROPOSED]
ORDER RE EXTENSION OF TIME TO
ANSWER OR OTHERWISE RESPOND
TO COMPLAINT

KAMALA HARRIS, in her Official
Capacity as Attorney General of the State of
California, et al.

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Defendants
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(Local Rule 144 (a))
Courtroom: 5, 7th Floor
Judge:
Hon. Dale A. Drozd
Action Filed: August 15, 2016

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Plaintiff Timothy J. Desmond and Defendants Attorney General Kamala D. Harris, in her

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official capacity, Secretary of Food and Agriculture Karen Ross, in her official capacity, Branch

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Chief of the Fairs and Expositions Branch John Quiroz, in his official capacity, and Chief

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Executive Officer of the 21st District Agricultural Association John Alkire, in his official capacity

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(collectively, “Defendants” and with Plaintiff, collectively, “the Parties”), by and through their

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respective counsel, hereby stipulate and agree as follows:

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WHEREAS, on August 15, 2016, Plaintiff filed his Complaint;

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WHEREAS, pursuant to stipulation and Order of this Court, ECF No. 26, the last day for

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Defendants to answer or otherwise respond to Plaintiff’s Complaint currently is December 9,
2016;
WHEREAS, the Parties continue to engage in good faith in settlement discussions, believe

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that they are close to reaching an agreement in principle, and hope to resolve this matter before

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the Scheduling Conference currently scheduled for January 25, 2017;

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WHEREAS the Parties have agreed that Defendants’ time to answer or otherwise respond
to the Complaint shall be extended by 30 days from the current filing deadline;

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WHEREAS, three previous extensions of time have been sought;

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THEREFORE, in consideration of the foregoing, it is hereby stipulated that:

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Defendants’ last day to answer or otherwise respond to Plaintiff’s Complaint shall be

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January 9, 2017

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Dated: December 6, 2016

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General
/s/ Alexandra Robert Gordon
ALEXANDRA ROBERT GORDON
Deputy Attorney General
Attorneys for Defendants

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Dated: December 6, 2016

By: STAMMER, MCKNIGHT, BARNUM &
BAILEY LLP

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/s/ Bruce J. Berger
BRUCE J. BERGER
Attorneys for Plaintiff

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Dated: December 6, 2016

By: CENTER FOR INDIVIDUAL RIGHTS

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/s/ Michael E. Rosman
MICHAEL E. ROSMAN*
Attorneys for Plaintiff

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ORDER

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HAVING CONSIDERED THE STIPULATION OF THE PARTIES, AND GOOD CAUSE

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APPEARING, IT IS SO ORDERED. No further extensions based upon settlement discussions

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will be granted.

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IT IS SO ORDERED.
Dated:

December 7, 2016

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE