Phillips-Kerley v. City of Fresno Fire Department, et al.

Filing 49

STIPULATION and ORDER to Extend Deadline to File Responsive Pleading signed by Magistrate Judge Barbara A. McAuliffe on 5/2/2019. (Sant Agata, S)

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Douglas T. Sloan, City Attorney (State Bar #194996)
Francine M. Kanne, Chief Assistant City Attorney (State Bar 139028)
CITY OF FRESNO
2600 Fresno Street, Room 2031
Fresno, California 93721-3602
BETTS & RUBIN, A Professional Corporation
907 Santa Fe Avenue, Suite 201
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]
James B. Betts (State Bar #110222)
Joseph D. Rubin (State Bar #149920)
Attorneys for CITY OF FRESNO

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,
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vs.
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CITY OF FRESNO FIRE
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DEPARTMENT; and DOES 1 to 10,
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inclusive,
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Defendants.
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__________________________________ )

Case 1:18-cv-00438-AWI-BAM

DAVID PHILLIPS-KERLEY,

STIPULATION TO EXTEND DEADLINE
TO FILE A RESPONSIVE PLEADING
ON BEHALF OF THE CITY OF
FRESNO
(FRCP Rule 15(a)(3))

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IT IS HEREBY STIPULATED AND AGREED, by and between the parties,
through their respective counsel of record, as follows:
1.

The Court issued its ruling on the City=s motion to dismiss as to Plaintiff=s

First Amended Complaint on October 19, 2018.
2.

Plaintiff=s prior counsel filed a motion to withdraw in November 2018,

which was granted on January 18, 2019.
3.

The Court consented to the substitution of successor counsel for Plaintiff

on February 7, 2019.
4.

Successor=s counsel filed a Second Amended Complaint on April 25,

2019, which includes nine causes of action for constitutional and statutory violations.
5.

Counsel for the City has a scheduled vacation during the time in which to

respond to the new pleading.
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Thus, it is respectfully requested that the City of Fresno have until May 24,

2019, in which to file a responsive pleading.

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Respectfully requested,

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Dated: May 2, 2019

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BETTS & RUBIN
By

/s/ Joseph D. Rubin
Joseph D. Rubin
Attorneys for Defendant CITY OF FRESNO

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Dated: May 2, 2019

PUBLIC EMPLOYEES
LEGAL, LLP

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By

/s/ Ronald Ackerman
Ronald Ackerman
Attorneys for Plaintiff David Phillips-Kerley

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ORDER

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Pursuant to the stipulation of the parties, and good cause appearing, IT IS

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HEREBY ORDERED that Defendant City of Fresno has until May 24, 2019 in which to

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file a responsive pleading to the second amended complaint. No further extensions of

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time will be granted absent a demonstrated showing of good cause.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

May 2, 2019

UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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