McCoy v. Department of the Army et al

Filing 117

ORDER signed by Magistrate Judge Dale A. Drozd on 6/18/12 ORDERING that 116 the Secretary of the Army's request for an extension of time to file settlement agreement and dismissal documents is GRANTED. The Secretary shall file the settlement and dismissal documents in this case by 30 days of the date of this Order. (Kastilahn, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 TODD A. PICKLES
LYNN TRINKA ERNCE
3 Assistant United States Attorneys
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
6
Attorneys for the Secretary of the Army
7
8

IN THE UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

ROSYLN McCOY,

12

CASE NO. 2:09-CV-01973 LKK-CMK
Plaintiff,

13

v.

14

REQUST FOR 30-DAY EXTENSION
OF TIME TO FILE SETTLEMENT
AGREEMENT AND DISMISSAL
DOCUMENTS; ORDER

HONORABLE JOHN M. McHUGH,
Secretary of the Army,

15
Defendant.
16
17
18

On April 2, 2012, the parties reached a settlement resolving the above-captioned matter after

19 a settlement conference with the Honorable Dale A. Drozd, and the Court ordered that settlement
20 agreement and dismissal documents were to be filed within seventy-five days of that date, which is
21 Saturday, June 16, 2012. Thereafter, the parties executed a written settlement agreement. The
22 Secretary, through the Army Corps of Engineers, has been working to complete its obligations under
23 the settlement agreement. Unfortunately, despite due diligence, those items have not yet been
24 completed. The Secretary, through the undersigned, has informed Plaintiff’s counsel about this
25 unfortunate situation and that the Secretary would be seeking a 30-day extension of time to complete
26 the process. Plaintiff, graciously, does not oppose the Secretary’s request. The Secretary apologizes
27 to the Plaintiff, her counsel, and the Court with respect to any inconvenience caused by this
28 situation.
Request for Extension to File Settlement and Dismissal
Documents; Order

1

1

Wherefore, for the reasons stated above, the Secretary respectfully requests that the Secretary

2 be granted a thirty-day extension of time to file the settlement agreement and dismissal documents in
3 this matter.
4

Respectfully submitted,

5 Dated: June 15, 2012

BENJAMIN B. WAGNER
United States Attorney

6
By:

7

/s/ Todd A. Pickles
TODD A. PICKLES
Assistant U.S. Attorney

8
9

ORDER

10
11

This matter came before the Court on the Secretary of the Army’s Request a 30-Day

12 Extension to File Settlement Agreement and Dismissal Documents. For good cause showing, the
13 Court hereby grants the extension. The Secretary shall file the settlement and dismissal documents
14 in this case by thirty days of the date of this Order.
15
16

IT IS SO ORDERED.
Dated: June 18, 2012

17
18
19
20
21
22
23 Ddad1\orders.civil\mccoy1973.stip.eot.docx
24
25
26
27
28
Request for Extension to File Settlement and Dismissal
Documents; Order

2