Vivanco v. California Department of Corrections & Rehabilitation, et al.

Filing 14

STIPULATION FOR TWENTY-DAY EXTENSION TO FILE RESPONSE TO FIRST AMENDED COMPLAINT and ORDER. Based on the parties' stipulation and good cause appearing, the request for a twenty-day extension for Defendants to respond to the first amended complaint (ECF No. 11) is GRANTED.Defendants shall file their response to the first amended complaint on or before August 15, 2017. Order signed by Magistrate Judge Barbara A. McAuliffe on 7/26/2017. (Thorp, J)

1
2
3
4
5
6

XAVIER BECERRA, State Bar No. 118517
Attorney General of California
CHRISTOPHER J. BECKER, State Bar No. 230529
Supervising Deputy Attorney General
DIANA ESQUIVEL, State Bar No. 202954
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

7
8

Attorneys for Defendants California Department of
Corrections and Rehabilitation and Frauenheim

9
IN THE UNITED STATES DISTRICT COURT
10
FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12
13
14
15

MARISOL VIVANCO, Individually and as
Successor in Interest of SOLTON
VIVANCO GONZALEZ (deceased),

STIPULATION FOR TWENTY-DAY
EXTENSION TO FILE RESPONSE TO
Plaintiff, FIRST AMENDED COMPLAINT;
ORDER

16
17

No. 1:17-cv-00434 LJO-BAM

v.
Action Removed/Filed: March 23, 2017
Originally Filed:
December 20, 2016

18
19

CALIFORNIA DEPARTMENT OF
CORRECTIONS & REHABILITATION, et
al.,

20
Defendants.
21
22
23

Under Federal Rules of Civil Procedure 6(b) and 15(a)(3) and Local Rules 143 and 144, the

24

parties, by and through their attorneys of record, stipulate to a twenty-day extension, up to and

25

including August 15, 2017, for Defendants to respond to the first amended complaint. Good

26

cause exists to grant this request because defense counsel requires more time to analyze the

27

amended complaint and prepare the response.

28
1
Stipulation for Twenty-Day Extension for Defendants to Respond to the Amended Complaint (1:17-cv-00434 LJOBAM)

1

On June 13, 2017, the Court granted Defendants’ motion to dismiss with leave to amend.

2

(ECF No. 9.) Plaintiff filed her amended complaint on July 12, 2017. (ECF No. 11.) The current

3

deadline for Defendants to respond to the amended pleading is July 26, 2017. See Fed. R. Civ. P.

4

15(a)(3). Defense counsel requires more time to fully analyze the amended complaint, determine

5

whether another dismissal motion is appropriate, or decide whether an answer is the best course

6

and flush out any ambiguities in the pleading during discovery. She must then prepare the

7

appropriate response. However, the attorney for the Defendants is currently in trial preparations,

8

and has been since the amended complaint was filed. She is scheduled to start trial before Judge

9

Mendez in Cordero v. Guzman (E.D. Cal. No. 2:13-cv-1515 JAM-KJN) on July 27, 2017. She

10

will be unable to prepare the response until after her trial which is expected to last three to four

11

days. For these reasons, the parties request a twenty-day extension for Defendants to respond to

12

the amended complaint.

13
14

Dated: July 25, 2017

Respectfully submitted,

15

XAVIER BECERRA
Attorney General of California
CHRISTOPHER J. BECKER
Supervising Deputy Attorney General

16
17
18

/s/ Diana Esquivel

19

DIANA ESQUIVEL
Deputy Attorney General
Attorneys for Defendants

20
21
22

Dated: July 25, 2017

JESSE ORTIZ LAW

23

/s/ Nolan Berggren (as authorized on
7/25/17)

24

JESSE ORTIZ
NOLAN BERGGREN
Attorneys for Plaintiff

25
26
27

SA2017303802
32971490.doc

28
2
Stipulation for Twenty-Day Extension for Defendants to Respond to the Amended Complaint (1:17-cv-00434 LJOBAM)

1

ORDER
Based on the parties’ stipulation and good cause appearing, the request for a twenty-day

2
3

extension for Defendants to respond to the first amended complaint (ECF No. 11) is GRANTED.

4

Defendants shall file their response to the first amended complaint on or before August 15,

5

2017.

6
7
8

IT IS SO ORDERED.
Dated:

/s/ Barbara

July 26, 2017

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

Stipulation for Twenty-Day Extension for Defendants to Respond to the Amended Complaint (1:17-cv-00434 LJOBAM)