Taylor v. 144th Fighter Wing, et .al.

Filing 33

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/17/13 EXTENDING time for response to the complaint by defendants United States, DFAS, Harry M. Wyatt II, David S. Baldwin, and Mark Groves until the date for defendant Teresa McKay's response to complaint, namely, 7/29/13. The time for unserved defendant Sami D. Said to respond to the complaint has not yet begun to run. (Meuleman, A)

1 BENJAMIN B. WAGNER
United States Attorney
2 YOSHINORI H. T. HIMEL #66194
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 email: [e-mail]
6 Attorneys for Federal Defendant Teresa McKay
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 GARY TAYLOR,

2:12-cv-2466-WBS-DAD
Plaintiff,

12
v.

13

STIPULATION AND ORDER
CONFORMING TIMES TO
RESPOND TO COMPLAINT

14 DEFENSE FINANCE AND ACCOUNTING
SERVICE (DFAS), HARRY M. WYATT III,
15 DAVID S. BALDWIN, SAMI D. SAID,
MARK GROVES, TERESA MCKAY, AND
16 DOES ONE THROUGH TEN,
Defendants.

17
18
19

The parties, through their undersigned counsel, subject to the approval of the Court as

20 provided for hereon, stipulate as follows:
21

1.

Process service upon DFAS under Fed. R. Civ. P. 4(i)(2) and upon the United

22 States under Fed. R. Civ. P. 4(i)(1) has previously been waived. See Order filed March 15, 2013,
23 at 2. Individual-capacity defendants Lt Gen Harry M. Wyatt II, MG David S. Baldwin, and Lt
24 Col Mark Groves have received process service. Individual-capacity defendant Brig Gen Sami
25 D. Said, who currently is on a one-year deployment in Afghanistan, has not received process
26 service. This stipulation is not an appearance by Brig Gen Said; his time to respond to the
27 complaint has not yet begun to run.
28
STIPULATION AND ORDER CONFORMING TIMES TO RESPOND TO COMPLAINT

1

1

2.

Individual-capacity defendant Teresa McKay, Director, DFAS, received the

2 summons and first amended complaint by certified mail on May 16, 2013. This conformed to
3 Cal. Code Civ. Proc. § 415.40, a state law process service provision that a plaintiff may use
4 under Fed. R. Civ. P. 4(e)(1). Under Section 415.40, process service was effective May 28,
5 2013. Under Fed. R. Civ. P. 12(a)(3), Director McKay's response to the complaint is due July
6 29, 2013.
7

3.

The parties previously stipulated to conform the time for response to the complaint

8 by the United States, DFAS, and the first two individual defendants to be served, to the date for
9 response by the third individual defendant to be served. Order filed March 15, 2013, at 2. The
10 parties have calculated that date as June 14, 2013, based on the date of service on Lt Gen Wyatt.
11

4.

Because it is desirable to have all responses to the complaint due on the same date,

12 the parties now stipulate, subject to the approval of the Court as provided for hereon, that the
13 time for response to the complaint by defendants United States, DFAS, Lt Gen Harry M. Wyatt
14 II, MG David S. Baldwin, and Lt Col Mark Groves, be EXTENDED for an initial period (for Lt
15 Gen Wyatt) or a further period (for the United States, DFAS, MG Baldwin, and Lt Col Groves)
16 of 45 days, until the date for Director McKay's response to the complaint, that is, July 29, 2013.
17

Dated: June 9, 2013

18

LAW OFFICES OF JAMES BROCK
WALKER
/s/ JWalker (as authorized on 6/9/13)
JAMES BROCK WALKER

19
20
21 Dated: June 7, 2013
22
23

BENJAMIN B. WAGNER
United States Attorney
/s/ YHimel
YOSHINORI H. T. HIMEL
Assistant United States Attorney

24
25
26
27

ORDER
Upon the parties' stipulation, the time for response to the complaint by defendants United
States, DFAS, Harry M. Wyatt II, David S. Baldwin, and Mark Groves, is EXTENDED until the

28
STIPULATION AND ORDER CONFORMING TIMES TO RESPOND TO COMPLAINT

2

T
Kay's respon to comp
nse
plaint, nam
mely, July 29 2013. The time for
9,
1 date for defendant Teresa McK
d
t
S
ond
complaint h not yet b
has
begun to run
n.
2 unserved defendant Sami D. Said to respo to the c
3

It is APPRO
t
OVED and SO ORDER
S
RED.

4
J
013
5 Dated: June 17, 20
6
7
8
9
10
0
11
1
12
2
13
3
14
4
15
5
16
6
17
7
18
8
19
9
20
0
21
1
22
2
23
3
24
4
25
5
26
6
27
7
28
8
STIPULATION AND ORD
DER CONFORM
MING TIMES TO RESPOND TO COMPLAINT
O
O
T

3