Phillips v. Secretary of Navy

Filing 57

STIPULATION and ORDER for (1) FILING THIRD AMENDED COMPLAINT; (2) SETTING DEADLINE TO RESPOND TO THIRD AMENDED COMPLAINT; and (3) CONTINUING SCHEDULING CONFERENCE. The Court GRANTS the Plaintiff leave to file a Third Amended Complaint by no la ter than February 23, 2018. Defendant SHALL respond to the Third Amended Complaint by no later than March 23, 2018. The Scheduling Conference set for February 15, 2018, is hereby CONTINUED to May 3, 2018, at 10:15 A.M. in Courtroom 7 before Magistrate Judge Sheila K. Oberto. The parties SHALL file their joint scheduling report by no later than April 26, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 2/7/2018. (Timken, A)

1 HUFF LEGAL
ATTORNEY M. RENÉ HUFF (CA SBN 269472)
2 1060 Fulton Street, Suite 301
Fresno, California 93721
3 Telephone: [phone]
Facsimile: [phone]
4 Electronic: [e-mail]
5 Attorney for Plaintiff
DARRYL S. PHILLIPS
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7 MCGREGOR W. SCOTT
United States Attorney
8 JOSEPH B. FRUEH
Assistant United States Attorneys
9 501 I Street, Suite 10-100
Sacramento, CA 95814
[e-mail]
10 E-mail:
Telephone: [phone]
11 Facsimile: [phone]
12 Attorneys for Defendant
RICHARD V. SPENCER
13 Secretary of the Navy
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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18 DARRYL S. PHILLIPS,
Plaintiff,

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Case No. 1:16-cv-01944-DAD-SKO

v.

21 RICHARD V. SPENCER, Secretary of the
Navy,
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Defendant.
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STIPULATION AND ORDER FOR (1) FILING
THIRD AMENDED COMPLAINT; (2)
SETTING DEADLINE TO RESPOND TO
THIRD AMENDED COMPLAINT; AND (3)
CONTINUING SCHEDULING CONFERENCE
(Doc. 56)

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IT IS HEREBY STIPULATED, by and between the parties and subject to Court approval, that:

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(1)

Plaintiff shall file a Third Amended Complaint on or before February 23, 2018;

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(2)

Defendant shall respond to the Third Amended Complaint on or before March 23, 2018;

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and

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(3)

the Scheduling Conference currently set for February 15, 2018, at 9:30 a.m., shall be

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continued to April 26, 2018, at 9:30 a.m., and the parties shall file a Joint Scheduling

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Report on or before April 19, 2018.

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The reasons for this Stipulation are as follows:

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1.

Plaintiff Darryl S. Phillips retained counsel on October 23, 2017, and filed the operative

10 Second Amended Complaint (“SAC”) on December 15, 2017, alleging one claim for “Review of
11 Administrative Denial of Request to Upgrade Plaintiff’s Discharge to General Discharge.” ECF No. 51.
12 Defendant Richard V. Spencer’s initial response to the SAC is due to be filed on or before February 13,
13 2018. See ECF No. 50; Fed. R. Civ. P. 12(a).
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2.

Defendant lodged the Administrative Record on January 24, 2018. ECF Nos. 54, 55.

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3.

Beginning January 26, 2018, the parties met and conferred regarding Defendant’s

16 anticipated motion to dismiss the SAC. As a result of these discussions, the parties have agreed that
17 Plaintiff may file a Third Amended Complaint on or before February 23, 2018, and Defendant may
18 respond to the Third Amended Complaint on or before March 23, 2018.
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STIPULATION & ORDER

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4.

In light of the foregoing, and to enhance the efficiency of the Scheduling Conference, the

2 parties respectfully request that the Scheduling Conference be continued from February 15, 2018, to
3 April 26, 2018.
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5 Dated: February 7, 2018

/s/ M. René Huff
M. RENÉ HUFF

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(authorized on 2/7/2018)

Attorney for Plaintiff

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8 Dated: February 7, 2018

MCGREGOR W. SCOTT
United States Attorney

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By:

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/s/ Joseph B. Frueh
JOSEPH B. FRUEH
Assistant United States Attorney
Attorneys for Defendant
RICHARD V. SPENCER
Secretary of the Navy

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ORDER
Pursuant to the parties’ stipulation, and good cause having been shown, the Court GRANTS the

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16 Plaintiff leave to file a Third Amended Complaint by no later than February 23, 2018. Defendant
17 SHALL respond to the Third Amended Complaint by no later than March 23, 2018.
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The Scheduling Conference set for February 15, 2018, is hereby CONTINUED to May 3, 2018,

19 at 10:15 A.M. in Courtroom 7 before Magistrate Judge Sheila K. Oberto. The parties SHALL file
20 their joint scheduling report by no later than April 26, 2018.
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IT IS SO ORDERED.

23 Dated:

February 7, 2018

/s/

UNITED STATES MAGISTRATE JUDGE

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STIPULATION & ORDER

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Sheila K. Oberto

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