Glasgow v. Mutter

Filing 18

STIPULATION and ORDER signed by Magistrate Judge Craig M. Kellison on 4/15/11 ORDERING the date for response to the complaint is EXTENDED from 4/15/11, until 6/3/11. If the response is a motion, hearing shall be set before Judge Kellison for 9/8/11 at 10:00 AM, and the briefing schedule set by Order filed 3/4/11 is RESET so that plf's opposition is due to be filed by 6/30/11 and dft's reply is due to be filed by 7/27/11. (Carlos, K)

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BENJAMIN B. WAGNER
United States Attorney
YOSHINORI H. T. HIMEL #66194
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]

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Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN M. GLASGOW,
Plaintiff,

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v.

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2:10-cv-2858 FCD CMK PS
STIPULATION AND ORDER FOR
INITIAL EXTENSION OF RESPONSE
DATE AND RESETTING OF
BRIEFING SCHEDULE

BRUCE MUTTER,
Defendant.

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Date:
Time:
Judge:

Sep. 8, 2011
10:00 AM
CMK

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The parties jointly request modification of the Order filed March 4, 2011, as follows:
(1)

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to extend the Fed. R. Civ. P. 12 date for response to the complaint by seven weeks,
from April 15, 2011, until June 3, 2011; and

(2)

if the response is a motion, to reset the briefing schedule so that plaintiff's opposition is

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due to be filed by June 30, 2011, defendant's reply is due to be filed by July 27, 2011,

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and hearing before Judge Kellison is September 8, 2011, at 10:00 a.m.

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The reason for this request is that a chain of paperwork that impacts the substance of

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the defenses to be asserted needs to go from defendant Mutter to his commanding officer in

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Sacramento, from the commanding officer to Army headquarters, from Army headquarters to

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the Civil Division of the Department of Justice in Washington DC, from the Civil Division to

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the United States Attorney's Office in Sacramento, from the United States Attorney's Office to

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the defendant, and from the defendant to the United States Attorney's Office, in that order.
STIPULATION AND ORDER FOR INITIAL EXTENSION OF RESPONSE DATE AND RESETTING OF BRIEFING SCHEDULE

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The paperwork has been delayed unexpectedly. At this writing, defense counsel understands

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that the second link in the chain, that is, from the commanding officer to Army headquarters,

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is pending. Counsel expects that the full chain of paperwork will be completed in time to

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make the complaint response by the requested date of June 3, 2011.

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The briefing schedule is designed to accommodate plaintiff's and defense counsel's
scheduled absences in August 2011.
The total requested extension of the response date is seven weeks. No extension of
this time has been requested or granted before now.

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Dated: April 10, 2011

/s/ Brian M. Glasgow
BRIAN M. GLASGOW
Plaintiff Pro Se

Dated: April 6, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant U. S. Attorney

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ORDER

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Good cause appearing, the date for response to the complaint is EXTENDED from

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April 15, 2011, until June 3, 2011. If the response is a motion, hearing shall be set before

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Judge Kellison for September 8, 2011, at 10:00 a.m., and the briefing schedule set by Order

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filed March 4, 2011, is RESET so that plaintiff's opposition is due to be filed by June 30,

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2011, and defendant's reply is due to be filed by July 27, 2011.

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It is APPROVED and SO ORDERED.

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DATED: April 15, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER FOR INITIAL EXTENSION OF RESPONSE DATE AND RESETTING OF BRIEFING SCHEDULE

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