California Sportfishing Protection Alliance v. Callaway, et al

Filing 25

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 10/22/12 ORDERING that Defendant is granted leave of Court to utilize its CM/ECF system. Further, it is ORDERED that Defendant is granted leave of Court to file an answer or a responsive pleading to Plaintiff's complaint on or before 10/26/12.(Becknal, R)

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ANDREW L. PACKARD (State Bar No. 168690)
ERIK M. ROPER (State Bar No. 259756)
EMILY J. BRAND (State Bar No. 267564)
Law Offices of Andrew L. Packard
100 Petaluma Blvd. N., Suite 301
Petaluma, CA 94952
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]
[e-mail]
ROBERT J. TUERCK (State Bar No. 255741)
Jackson & Tuerck
P.O. Box 148
429 W. Main Street, Suite C
Quincy, California 95971
Tel: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
CALIFORNIA SPORTFISHING PROTECTION ALLIANCE

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA SPORTFISHING
PROTECTION ALLIANCE, a non-profit
corporation,

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Plaintiff,
vs.

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STIPULATION TO CONTINUE
DEFENDANT’S DEADLINE TO FILE
RESPONSIVE PLEADING AND TO GRANT
DEFENDANT LEAVE TO USE THE
COURT’S CM/ECF SYSTEM; ORDER

WILLIAM “BILL” CALLAWAY, an
individual, dba WILLIAMS REDI MIX,

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Case No. 2:12-CV-00443-MCE-DAD

Defendant.

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WHEREAS, on July 30, 2012, Plaintiff California Sportfishing Protection Alliance
(“Plaintiff”) filed a motion for entry of default judgment (“Motion”) against Defendant William

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Callaway (“Defendant”);
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WHEREAS, Defendant is representing himself in this litigation as a Pro Se party;
WHEREAS, Plaintiff and Defendant shall be collectively referred to herein as the “Parties”;

STIPULATION TO GRANT DEFENDANT LEAVE
TO USE CM/ECF AND EXTEND ANSWER FILING
DEADLINE; [PROPOSED] ORDER THEREON

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Case No. 2:12-CV-00443-MCE-DAD

WHEREAS, on August 31, 2012, a hearing on the Motion was held (the “August 31st

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Hearing”) before Magistrate Judge Dale A. Drozd (“Judge Drozd”);

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WHEREAS, during the August 31st Hearing, Plaintiff alerted the Court to the fact that

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Defendant has been granted leave to utilize the Court’s electronic document filing system

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(“CM/ECF”) in a separate matter in which the Parties are currently litigating (see Case No. 2:10-cv-

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01801-GEB-GGH, ECF No. 31 at 3:1-10, Order executed by Magistrate Judge Gregory G. Hollows

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on June 20, 2011);

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WHEREAS, during the August 31st Hearing, Judge Drozd indicated his willingness to allow
Defendant to utilize the CM/ECF system;

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WHEREAS, Defendant lives approximately sixty miles (over a one hour drive) from the
Court in Sacramento;

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WHEREAS, Defendant seeks to avoid the burdensome fuel and parking expenses he would
necessarily incur each time he would need to drive to Sacramento to file pleadings in this action at

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the Court absent leave to utilize the CM/ECF system;
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WHEREAS, Local Rule 133(b)(3) requires Pro Se defendants to obtain leave of Court in
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order to utilize the CM/ECF system;
WHEREAS, in the interest of fairness, the conservation of economic resources and judicial

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economy, the Parties agree that it is their mutual interest for the Court to grant Defendant leave to
utilize the CM/ECF system;
WHEREAS, subsequent to the August 31st Hearing, Judge Drozd issued an order requiring

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Defendant to “file an answer or a responsive pleading to plaintiff’s complaint filed in this action on

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or before September 28, 2012” (ECF No. 20 at 2:6-7, executed by Judge Drozd on September 4,

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2012);

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WHEREAS, Judge Drozd’s order dated September 4, 2012 also directed the Clerk of the
Court to set aside the May 21, 2012 entry of default against Defendant;

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STIPULATION TO GRANT DEFENDANT LEAVE
TO USE CM/ECF AND EXTEND ANSWER FILING
DEADLINE; [PROPOSED] ORDER THEREON

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Case No. 2:12-CV-00443-MCE-DAD

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WHEREAS, Defendant failed to file an answer or responsive pleading by the September 28,
2012 deadline;

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WHEREAS, given Defendant’s failure to comply with the September 28, 2012 filing

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deadline, on October 8, 2012, Plaintiff filed a second request seeking entry of default against

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Defendant;

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WHEREAS, on October 9, 2012, the Clerk of the Court declined to enter the requested
default due to Defendant’s filing earlier that same day of a motion to quash;
WHEREAS, seeing it has no remedy to address Defendant’s failure to comply with the
September 28, 2012 filing deadline imposed by Judge Drozd, Plaintiff grudgingly agrees to stipulate
to continue that filing deadline and grant Defendant leave of Court to file an answer or a responsive
pleading to Plaintiff’s complaint on or before October 26, 2012;
THEREFORE, IT IS HEREBY STIPULATED by and among Plaintiff and Defendant, in the
interest of fairness and judicial economy that Defendant be granted leave of Court to utilize its

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CM/ECF system and that Defendant be granted leave of Court to file an answer or a responsive
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pleading to Plaintiff’s complaint on or before October 26, 2012.
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Respectfully submitted,

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Dated: October 19, 2012

LAW OFFICES OF ANDREW L. PACKARD
By: /s/ Erik Roper______________________________
Erik M. Roper
Attorneys for Plaintiff
California Sportfishing Protection Alliance

Dated: October 19, 2012

William Callaway

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By: /s/ William Callaway_________________________
William Callaway, Defendant in Propria Persona
(Electronically signed pursuant to Local Rule 131(f);
original signature retained by attorney Erik Roper)

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STIPULATION TO GRANT DEFENDANT LEAVE
TO USE CM/ECF AND EXTEND ANSWER FILING
DEADLINE; [PROPOSED] ORDER THEREON

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Case No. 2:12-CV-00443-MCE-DAD

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ORDER
Pursuant to Stipulation, and good cause appearing, it is ORDERED that Defendant is granted

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leave of Court to utilize its CM/ECF system. Further, it is ORDERED that Defendant is granted

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leave of Court to file an answer or a responsive pleading to Plaintiff’s complaint on or before

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October 26, 2012.1

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IT IS SO ORDERED.

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Dated: October 22, 2012

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Ddad1\orders.civil\cspa-callaway0443.stip.eot.doc

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Defendant is cautioned that failure to file an answer or responsive pleading by October 26, 2012,
may result in an order striking defendant’s appearance in this action.
STIPULATION TO GRANT DEFENDANT LEAVE
TO USE CM/ECF AND EXTEND ANSWER FILING
DEADLINE; [PROPOSED] ORDER THEREON

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Case No. 2:12-CV-00443-MCE-DAD