Heizer v. California Department of Developmental Services et al

Filing 14

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/29/14 ORDERING that defendant State Controller is granted a 45 day extension of time, up to and including 6/13/14, to file his response to the first amended complaint. (Kastilahn, A)

1
2
3
4
5
6
7
8

KAMALA D. HARRIS
Attorney General of California
MARK R. BECKINGTON
Supervising Deputy Attorney General
KIM L. NGUYEN
Deputy Attorney General
State Bar No. 209524
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant John Chiang in
his official capacity as State Controller

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11
12
13
14
15
16
17
18
19

DALE HEIZER,

v.

2:14-CV-00458-TLN-EFB
Plaintiff, STIPULATED REQUEST FOR
EXTENSION OF TIME TO
RESPOND TO FIRST AMENDED
COMPLAINT; ORDER THEREON

INTERNATIONAL UNION OF OPERATING
ENGINEERS, LOCAL 39; AND JOHN
CHIANG IN HIS OFFICIAL CAPACITY AS
Courtroom: 2
STATE CONTROLLER OF CALIFORNIA,
Judge:
Hon. Troy L. Nunley
Action Filed: April 1, 2014
Defendants.

20
21
22
23
24
25
26
27
28
STIP. REQUEST FOR EXTENSION OF TIME TO RESPOND TO FAC; ORDER
Dale Heizer v. International Union of Operating Engineers, et al., Case No. 2:14-cv-00458-TLN-EFB

1

1

STIPULATED REQUEST FOR EXTENSION OF TIME

2

TO RESPOND TO FIRST AMENDED COMPLAINT

3

Plaintiff Dale Heizer (hereinafter “Plaintiff”) and Defendant John Chiang in

4

his official capacity as the State of California Controller (hereinafter “Defendant

5

Controller”), through their undersigned counsel of record, hereby respectfully

6

request that Defendant Controller be granted until and including June 13, 2014, to

7

respond to Plaintiff’s First Amended Complaint.

8

In support of that request, Plaintiff and Defendant Controller state as follows:

9

1. The responsive pleading on behalf of Defendant Controller is currently due

10

on April 30, 2014. The requested extension until and including June 13, 2104, will

11

afford Defendant Controller a forty-four day extension of time to respond to the

12

First Amended Complaint.

13
14

2. Defendant Controller was not named as a defendant when the Original
Complaint was filed.

15
16

3. No previous extensions of time to respond to the First Amended Complaint
have been requested or granted in this case.

17

4. The requested extension of time is necessary because Defendant Controller

18

has only recently secured counsel to represent him in this case, Plaintiff’s First

19

Amended Complaint contains numerous factual allegations that counsel must

20

investigate in order to prepare a responsive pleading, and Defendant Controller’s

21

counsel have numerous litigation commitments that will require their attention in

22

the next forty-four days.

23
24

5. The requested extension of time will not require the Court to reschedule any
pretrial dates previously scheduled in this case.

25

The foregoing is hereby stipulated between Plaintiff and Defendant Controller,

26

who respectfully request the Court to grant the extension of time.

27

///

28

///
STIP. REQUEST FOR EXTENSION OF TIME TO RESPOND TO FAC; ORDER
Dale Heizer v. International Union of Operating Engineers, et al., Case No. 2:14-cv-00458-TLN-EFB

2

1
2
3
4
5
6

Dated: April 24, 2014

Respectfully submitted,
KAMALA D. HARRIS
Attorney General of California
MARK R. BECKINGTON
Supervising Deputy Attorney General
KIM L. NGUYEN
Deputy Attorney General
By:

7
8
9

/s/ Kim L. Nguyen
Kim L. Nguyen

Attorneys for John Chiang in his
official capacity as State Controller

10
11
12
13
14
15
16
17
18
19

GEOFFREY M. MACLEAY
W. JAMES YOUNG
c/o National Right to Work Legal
Foundation
STEVEN R. BURLINGHAM
Gary, Till & Burlingham
By:

/s/ Geoffrey M. MacLeay
(approved on April 24, 2014)
Geoffrey M. MacLeay

Attorneys for Plaintiff Dale Heizer

20
21
22
23
24
25
26
27
28
STIP. REQUEST FOR EXTENSION OF TIME TO RESPOND TO FAC; ORDER
Dale Heizer v. International Union of Operating Engineers, et al., Case No. 2:14-cv-00458-TLN-EFB

3

1

ORDER

2
3

Plaintiff Dale Heizer and Defendant State Controller have stipulated to a

4

forty-four day extension of time, up to and including June 13, 2014, for Defendant

5

State Controller to file his response to the First Amended Complaint.

6
7
8

IT IS SO ORDERED
Dated: April 29, 2014

9
10
11
12

Troy L. Nunley
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIP. REQUEST FOR EXTENSION OF TIME TO RESPOND TO FAC; ORDER
Dale Heizer v. International Union of Operating Engineers, et al., Case No. 2:14-cv-00458-TLN-EFB

4