Ball v. Johanns et al

Filing 56

STIPULATION and ORDER extending time to respond to complaint is APPROVED signed by Senior Judge Lawrence K. Karlton on 2/4/08: (Kaminski, H)

Ball v. Johanns et al

Doc. 56

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ZACHARY SMITH, ESQ. (SBN 07824) STEPHEN M. LERNER, ESQ. (SBN 176645) MICHAEL S. WILCOX, ESQ. (SBN 215269) McDONOUGH HOLLAND & ALLEN PC Attorneys at Law 555 Capitol Mall, 9th Floor Sacramento, CA 95814 Phone: [phone] Fax: [phone] Attorneys for Defendant Premier West Bank

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (Sacramento Division)

) ) Plaintiff, ) ) v. ) ) MIKE JOHANNS, in his official capacity as ) Secretary of the United States Department of ) Agriculture; UNITED STATES ) DEPARTMENT OF AGRICULTURE, a ) department of the United States; DOES ONE ) THROUGH TEN, ) ) Defendants. ) ) ) DENNIS W. BALL, an individual, INDIAN SPRINGS VINEYARDS, a California ) partnership, ) ) Plaintiffs, ) ) v. ) ) PREMIERWEST BANK, a banking ) corporation; DOES ONE THROUGH THIRTY, ) inclusive, ) ) Defendants. ) )
DENNIS W. BALL, an individual,

Case No. CIV S-07-01190-LKK/DAD STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT OF UNITED STATES DEPARTMENT OF AGRICULTURE

Plaintiff UNITED STATES OF AMERICA (hereinafter "Plaintiff") and Defendant PREMIER WEST BANK (hereafter "Defendant"), by and through their respective counsel, hereby stipulate, subject to the Court's approval, as follows: -1Stipulation and [Proposed] Order Extending Time To Respond to Complaint
1071841v1 35107/0006

Dockets.Justia.com

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The Court has recently denied in part and granted in part with leave to amend, Defendant's motion to dismiss brought under Federal Rule of Civil Procedure 12(b)(6). Pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), Defendant's response to the original complaint is due within ten (10) days of the date of the Court's Order. Plaintiff has stated its intent to amend Plaintiff's Third-Party Complaint and the Court has granted fifteen (15) days for such amendment. The parties hereby agree to extend Defendants' time to respond to the original Third-Party Complaint so that the response will be due five (5) days after the due date of Plaintiff's amendment. This extension will prevent Defendant from filing a response to the original complaint that will be rendered unnecessary by the Plaintiff's amendment. Upon Plaintiff's filing of the amended complaint, Defendant shall have the time to respond stated by the Federal Rules of Civil Procedure and the Local Rules of the Court. The parties have previously stipulated to an extension of thirty (30) days for Defendant's response. The prior extension was necessary to give counsel for Defendant additional time to complete the review of the administrative record in order to prepare its motion to dismiss. SO STIPULATED DATED: January 31, 2008 McGREGOR W. SCOTT United States Attorney By: /s/ Ana Maria Martel ANA MARIA MARTEL Assistant Untied States Attorney

Attorneys for Mike Johanns in his capacity as Secretary of the U.S. Department of Agriculture DATED: January 31, 2008 McDONOUGH HOLLAND & ALLEN PC Attorneys at Law By: /s/ Michael S. Wilcox MICHAEL S. WILCOX

Attorneys for Defendant Premier West Bank IT IS SO ORDERED. DATED: February 4, 2008.

-2Stipulation and [Proposed] Order Extending Time To Respond to Complaint
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