Moncrief v. California Department of Corrections and Rehabiliation et al

Filing 61

ORDER signed by Magistrate Judge Allison Claire on 2/17/2015 GRANTING the stipulation to extend time for the defendants to respond to the third amended complaint, and defedants Grounds and CDCR shall have until 2/19/2015 to respond to the third amended complaint; the United States Marshals Service shall send waiver of service of summons forms for defendants Gorham and Frias to their counsel of record. (cc: USM)(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN PHILIP MONCRIEF,

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No. 2:12-cv-00414 MCE AC P

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND
REHABILITATION, et al.,
Defendants.

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On February 2, 2015, the parties stipulated to extend the time for the defendants to

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respond to the third amended complaint to February 19, 2015. ECF No. 57. The additional time

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was requested because newly added defendants Gorham and Frias had not yet been served, and

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counsel for the defendants required additional time to contact them regarding representation and

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to discuss the matter. Id. On February 12, 2015, in response to this court’s order, defendants

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Gorham and Frias advised that they agreed to waive service of process and requested that waivers

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be sent to counsel for their records. ECF No. 60.

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Presumably, the intent of the stipulation was to extend the time for the served defendants,

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Grounds and California Department of Corrections and Rehabilitation (CDCR), to respond so that

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they could do so at the same time as the unserved defendants, Gorham and Frias, whose time to

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respond had not yet started running. In light of Gorham and Frias’ waiver of service of process,
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the stipulation to extend the time for defendants Grounds and CDCR to respond to the third

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amended complaint will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The parties’ stipulation to extend time for the defendants to respond to the third

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amended complaint (ECF No. 57) is granted and defendants Grounds and CDCR shall have until

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February 19, 2015, to respond to the third amended complaint.

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2. The United States Marshals Service shall send waiver of service of summons forms for

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defendants Gorham and Frias to their counsel of record.

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DATED: February 17, 2015

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