LaTourelle v. Barber et al

Filing 18

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 4/19/2011 re 17 ORDERING that the 16 Ex Parte Application for extension of time is GRANTED. Plt's time to file her amended complaint is EXTENDED to May 16, 2011. Defendants' time to file a responsive pleading to plaintiff's amended complaint (whether filed on or before May 16, 2011) is EXTENDED to May 31, 2011. (Duong, D)

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PHILIP B. PRICE, SBN 32620
PRICE & BROWN
Attorneys at Law
466 Vallombrosa Avenue
P. O. Box 1420
Chico, California 95927
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
THOMAS P. GUARINO, SBN 149409
Siskiyou County Counsel
P. O. Box 659
Yreka, California 96097
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants TERRY BARBER, the COUNTY OF SISKIYOU and the
SISKIYOU COUNTY BOARD OF SUPERVISORS

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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RUTH LaTOURELLE,

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Case No. 2:10-CV-2667 MCE CMK PS
Plaintiff,

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EX PARTE APPLICATION,
STIPULATION AND ORDER
EXTENDING TIME TO AMEND
COMPLAINT AND TO RESPOND
TO AMENDED COMPLAINT

vs.
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TERRY BARBER, WAYNE VIRAG,
COUNTY OF SISKIYOU and SISKIYOU
COUNTY BOARD OF SUPERVISORS,

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Defendants.
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STIPULATION

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Whereas on January 21, 2011 this court issued its Findings and

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Recommendations (Doc 11) on defendants’ Motion to Dismiss (Doc 5) granting said

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motion in part and denying said motion in part;

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Whereas plaintiff filed Objections (Doc 12) to said Findings and
Recommendations (Doc 11);
Whereas, on March 31, 2011 District Judge Morrison C. England, Jr., filed
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APPLICATION, STIPULATION AND ORDER TO EXTEND TIME

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his Order (Doc 14) adopting said Findings and Recommendations, in part and rejecting

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them in part;

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Whereas, said Order (Doc 14) granted plaintiff leave to file and amended
complaint within 30 days of the electronic filing of said Order;

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Whereas, said Order (Doc 14) was electronically filed on March 31, 2011

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30 days from which is April 30, 2011, a Saturday, so that pursuant to Rule 6 (a)(1)(C) the

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last day for plaintiff to file her amended complaint is Monday, May 2, 2011;

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Whereas, defendants attorneys will be out of the country on a pre-paid

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vacation between May 1, 2011 and May 15, 2011 and does not expect to return to his

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office until Tuesday May 17, 2011 and will, therefore, be unavailable to prepare a

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responsive pleading to said amended complaint, if filed on May 2, 2011, during the time

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provided by Rule 15 (a)(3) of the Federal Rules of Civil Procedure;

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Whereas defendants filed herein on April 13, 2011 an Exparte Application

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(Doc 16) and supporting Declaration (Doc 16-1) requesting and extension of time to

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respond to plaintiff’s amended complaint, which this Stipulation and Order, if granted will

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render moot;

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Whereas, plaintiff desires additional time to prepare her amended
complaint;

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Whereas, defendants have filed an answer (Doc 15) to such part of
plaintiff’s original complaint not dismissed by said Order (Doc 14);

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Whereas, no prior extensions of time have been granted or stipulated to;

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NOW THEREFORE the parties stipulate as follows and request the court

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to so order:

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1.

Plaintiff’s time to file her amended complaint is extended to May 16, 2011;

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2.

Defendants’ time to file a responsive pleading to plaintiff’s amended complaint

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(whether filed on or before May 16, 2011) is extended to May 31, 2011.

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Dated:

April ___, 2011

________________________________
Ruth LaTourelle, Plaintiff
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APPLICATION, STIPULATION AND ORDER TO EXTEND TIME

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Dated:

April ___, 2011

PRICE & BROWN

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By:
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________________________________
Philip B. Price, Attorneys for Defendants
Terry Barber, County of Siskiyou, and
Siskiyou County Board of Supervisors

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ORDER
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The Court having read the above Ex Parte application and stipulation and
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the Ex Parte Application (Doc 16) and supporting Declaration (Doc 16-1) of defendants,
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filed herein on April 13, 2011, and good cause appearing therefor:
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IT IS SO ORDERED.
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DATED: April 19, 2011
___________________________________
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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APPLICATION, STIPULATION AND ORDER TO EXTEND TIME