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

Filing 53

ORDER signed by Senior Judge William B. Shubb on 11/25/2013 ORDERING that the 52 Stipulation and Proposed Order will not be approved. Even though the hearing on the motion has been continued from 12/16/2013 to 12/30/2013, the court still needs to have the motion briefed by 12/9/2013. Accordingly, the request to extend defendants' time to oppose plaintiff's motion to amend filed 11/4/2013, is DENIED. (Zignago, K.)

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 Defendants, Defense Finance and Accounting Service, United States of America,
Harry M. Wyatt III, David S. Baldwin, Mark Groves, and Teresa McKay
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARY TAYLOR,

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

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v.

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STIPULATION AND ORDER TO
EXTEND DEFENDANTS' TIME FOR
OPPOSITION AND REPLY

DEFENSE FINANCE AND ACCOUNTING
SERVICE (DFAS), UNITED STATES OF
AMERICA, HARRY M. WYATT III, DAVID S.
BALDWIN, MARK GROVES, TERESA MCKAY,
AND DOES ONE THROUGH TEN,

Date:
Time:
Ctrm:

Dec. 30, 2013
2:00 PM
5 (Judge Shubb)

Defendants.

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

21 for hereon, recite and stipulate as follows:
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RECITALS
1.

Defendants filed dispositive motions on August 6, 2013. Plaintiff opposed and filed a

24 motion to amend the complaint on November 4, 2013. By Minutes filed November 14, 2013, the Court
25 sua sponte reset the hearing from December 16 to December 30, 2013, with no change to the December
26 2 date for defendants' replies for dismissal and summary judgment and defendants' opposition to
27 amendment.
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2.

Defense counsel needs additional time to communicate with agency counsel, prepare and

STIPULATION AND ORDER TO EXTEND
DEFENDANTS' TIME FOR OPPOSITION AND REPLY

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1 finalize supplemental declarations, and write and obtain and respond to internal review of the reply and
2 opposition papers.
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3.

No previous extension of this time has been sought or granted.

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STIPULATION

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4.

That defendants' time to reply to plaintiff's oppositions to defendants' dispositive motions

6 filed August 6, 2013, set by Order filed October 2, 2013, and defendants' time to oppose plaintiff's
7 motion to amend filed November 4, 2013, be EXTENDED from December 2, 2013, until December 16,
8 2013.
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Dated: November 22, 2013

LAW OFFICES OF JAMES BROCK WALKER
/s/ James Brock Walker
JAMES BROCK WALKER (as authorized
11/22/13)

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13 Dated: November 21, 2013

BENJAMIN B. WAGNER
United States Attorney

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

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ORDER
Because the foregoing stipulation is inconsistent with the court’s schedule, it will not be
approved. Even though the hearing on the motion has been continued from December 16, 2013 to
December 30, 2013, the court still needs to have the motion briefed by December 9, 2013. Accordingly,
the request to extend defendants' time to oppose plaintiff's motion to amend filed November 4, 2013, is
DENIED.
It is SO ORDERED.
Dated: November 25, 2013

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STIPULATION AND ORDER TO EXTEND
DEFENDANTS' TIME FOR OPPOSITION AND REPLY

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