Clifton v. United States Department of Justice, et al

Filing 10

Stipulation and Order to extend time for Defendants to file response to complaint, signed by Magistrate Judge Erica P. Grosjean on 7/15/2021. ( Response due by 8/2/2021.)(Rosales, O.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 DOMINIQUE CLIFTON,

Case No. 1:21-cv-00089-DAD-EPG
Plaintiff,

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STIPULATION AND ORDER
TO EXTEND TIME FOR DEFENDANTS TO
FILE RESPONSE TO COMPLAINT

v.

14 UNITED STATES DEPARTMENT OF
JUSTICE, et al.,
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(ECF No. 9)

Defendants.

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The parties to this action, through their attorneys, hereby stipulate and request that the Court
enter an order further extending the time for defendants to file their response to the Complaint for
Violation of Civil Rights, Declaratory and Injunctive Relief (“Complaint,” ECF No. 1) from July 16,
2021, to August 2, 2021. The parties jointly state the following facts in support of this stipulation:
1.

On June 7, 2021, pursuant to a stipulation of the parties (ECF No. 7), the Court

entered its Order Granting Stipulation and Proposed Order to Extend Time for Defendants to File
Response to Complaint and for Continuance of Initial Scheduling Conference (“Order,” ECF No. 8).
The Order established July 16, 2021, as the deadline for defendants to file their response to the
Complaint and continued the Initial Scheduling Conference to August 25, 2021, at 10 a.m. in
Courtroom 10.

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2.

Since the Court entered its Order, counsel for the parties have met and conferred and

2 have exchanged information regarding the merits of the action and, in particular, whether under
3 existing Ninth Circuit precedent the Complaint is subject to dismissal under Rule 12 of the Federal
4 Rules of Civil Procedure.
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3.

The parties continue to meet and confer regarding these issues and request this

6 continuance in order to allow time to exhaust these efforts and perhaps avoid unnecessary motion
7 practice before the Court.
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4.

The parties submit that the requested extension will not necessitate further

9 continuance of the Initial Scheduling Conference.
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5.

Due to inadvertently omitting the exhibit attachments in his original filing, Plaintiff

11 will be re-filing his Complaint to include Exhibits A and B. There are no changes to the Complaint
12 itself. The undersigned counsel agrees to accept service for all Defendants.
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Respectfully submitted,

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Dated: July 14, 2021

PHILLIP A. TALBERT
Acting United States Attorney

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/ /s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendant

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Dated: July 14, 2021

MESSING ADAM & JASMINE LLP

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/ /s/ Lina Balciunas Cockrell
LINA BALCIUNAS COCKRELL
Attorneys for Plaintiff

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ORDER

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Based upon the stipulation of the parties (ECF No. 9) and good cause appearing, IT IS

3 HEREBY ORDERED that defendants shall file their response to the Complaint no later than August
4 2, 2021.
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6 IT IS SO ORDERED.
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Dated:
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July 15, 2021

/s/
UNITED STATES MAGISTRATE JUDGE

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