Blue Lake Rancheria, et al v. Morgenstern, et al.,

Filing 32

STIPULATION and ORDER signed by Judge John A. Mendez on 7/11/11 ORDERING that the time for parties to file joint status report, joint discovery plan and initial disclosures is extended pending further order of the court. (Manzer, C)

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KAMALA D. HARRIS, State Bar No. 146672
Attorney General of California
WILLIAM L. CARTER, State Bar No. 59215
Supervising Deputy Attorney General
STEVEN J. GREEN, State Bar No. 73705
JILL BOWERS, State Bar No. 186196
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants State of California,
Employment Development Department, Marty
Morgenstern, Pam Harris, and Jack Budmark

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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BLUE LAKE RANCHERIA, a federallyrecognized Indian Tribe; BLUE LAKE
RANCHERIA ECONOMIC
DEVELOPMENT CORPORATION, a
federally-chartered tribal corporation; and
MAINSTAY BUSINESS SOLUTIONS, a
federally authorized division of Blue Lake
Rancheria Economic Development
Corporation,

Case No. 2:11-CV-01124-JAM-JFM

STIPULATION AND ORDER
EXTENDING TIME FOR PARTIES TO
SUBMIT A RULE 26(f) REPORT

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Plaintiffs,
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v.
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MARTY MORGENSTERN, individually
and in his official capacity as Secretary of
the California Labor and Workforce
Development Agency; PAM HARRIS,
individually and in her official capacity as
Chief Deputy Director of the Employment
Development Department of the State of
California ("EDD"); JACK BUDMARK,
individually and in his official capacity as a
Deputy Director of the Tax Branch of the
EDD; TALBOTT SMITH, individually and
in his official capacity as a Deputy Director
of the Unemployment Branch of the EDD;

Judge:
The Hon. John A. Mendez
Trial Date: Not yet set.
Action Filed: April 26, 2011

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Stipulation and [Proposed] Order Extending Time to File Joint Status Report, etc. (2:11-CV-01124-JAM-JFM)

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KATHY DUNNE, individually and in her
official capacity as a Senior Tax Compliance
Representative of EDD; SARAH REECE,
individually and in her official capacity as
an Authorized Representative of the EDD;
THE STATE OF CALIFORNIA; THE
EMPLOYMENT DEVELOPMENT
DEPARTMENT, a department of the State
of California; and DOES 1 to 50, inclusive,

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Defendants.

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Stipulation and [Proposed] Order Extending Time to File Joint Status Report, etc. (2:11-CV-01124-JAM-JFM)

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Plaintiffs Blue Lake Rancheria, Blue Lake Rancheria Economic Development Corporation,

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and Mainstay Business Solutions, and Defendants State of California, Employment Development

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Department, Marty Morgenstern, Pam Harris, Jack Budmark, Talbott Smith, Kathy Dunne, and

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Sarah Reece, collectively, “the parties,” stipulate and jointly move this Court for an order

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extending the time to file and serve (1) the parties’ joint status report, (2) the parties’ joint

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discovery plan and (3) the parties’ initial disclosures upon the grounds and for the reasons

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following:

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1.

The Complaint was filed on April 26, 2012.

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2.

All Defendants have appeared and are represented by the Office of the California

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Attorney General.
3.

On June 29, 2011, the Court heard oral argument on Plaintiffs’ motion for a

preliminary injunction and ordered the parties to submit further briefing on certain legal issues.
4.

Defendants’ motion to dismiss pursuant to Federal Rules of Civil Procedure, Rules

12(b)(1) and (6), is set for hearing before the Court on August 17, 2011.
5.

The Parties therefore stipulate and jointly move this Court to extend the time for the

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parties to file and serve (1) the parties’ joint status report, (2) the parties’ joint discovery plan and

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(3) the parties’ initial disclosures pursuant to Federal Rules of Civil Procedure, Rules 16(b) and

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26(f)(3), pending further order of the Court.

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Dated: July 8, 2011

Respectfully Submitted,

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BOUTIN JONES INC.,

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/s/ Robert R. Rubin

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,
ROBERT R. RUBIN (SBN 117428)
Attorneys for Plaintiffs Blue Lake
Rancheria, Blue Lake Rancheria Economic
Development Corporation and Mainstay
Business Solutions

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Stipulation and [Proposed] Order Extending Time to File Joint Status Report, etc. (2:11-CV-01124-JAM-JFM)

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Dated: July 8, 2011

KAMALA D. HARRIS
Attorney General of California
WILLIAM L. CARTER
Supervising Deputy Attorney General

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/s/ Steven J. Green

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,
STEVEN J. GREEN (SBN 73705)
JILL BOWERS (SBN 186196)
Deputy Attorneys General
Attorneys for Defendants State of California,
Employment Development Department,
Marty Morgenstern, Pam Harris, Jack
Budmark, Talbott Smith, Kathy Dunne, and
Sarah Reece

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ORDER

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Based upon the stipulation of the parties, and for good cause shown, the Court hereby

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ORDERS that the time for the Parties to file and serve (1) the parties’ joint status report, (2) the

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parties’ joint discovery plan and (3) the parties’ initial disclosures pursuant to Federal Rules of

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Civil Procedure, Rules 16(b) and 26(f)(3), is extended pending further order of the Court.

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Dated:

7/11/11

/s/ John A. Mendez_______
Hon. John A Mendez
Judge
United States District Court

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SA2011101291 / 10708087.doc

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Stipulation and [Proposed] Order Extending Time to File Joint Status Report, etc. (2:11-CV-01124-JAM-JFM)

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CERTIFICATE OF SERVICE

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Case Name:

Blue Lake Rancheria v.
Morgenstern

No.

2:11-CV-01124-JAM-JFM

I hereby certify that on July 8, 2011, I electronically filed the following documents with the

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Clerk of the Court by using the CM/ECF system:

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR PARTIES TO
SUBMIT A RULE 26(f) REPORT

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I certify that all participants in the case are registered CM/ECF users and that service will
be accomplished by the CM/ECF system.
I declare under penalty of perjury under the laws of the State of California the foregoing is
true and correct and that this declaration was executed on July 8, 2011, at Sacramento, California.

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Michele Warburton
Declarant

/s/ Michele Warburton
Signature

Blue Lake Stipulation.doc

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Stipulation and [Proposed] Order Extending Time to File Joint Status Report, etc. (2:11-CV-01124-JAM-JFM)

PDF created with pdfFactory trial version www.pdffactory.com