Italian Colors Restaurant, et al. v. Harris

Filing 80

ORDER signed by District Judge Morrison C. England, Jr. on 5/28/2019 EXTENDING the deadline for filing a joint status report to 6/14/2019. (Zignago, K.)

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XAVIER BECERRA
Attorney General of California
BENJAMIN M. GLICKMAN
Supervising Deputy Attorney General
JOHN W. KILLEEN
Deputy Attorney General
State Bar No. 258395
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Xavier Becerra
IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ITALIAN COLORS RESTAURANT,
ALAN CARLSON, LAURELWOOD
CLEANERS, LLC, JONATHAN
EBRAHIMIAN, FAMILY LIFE
CORPORATION d/b/a FAMILY
GRAPHICS, TOSHIO CHINO,

Case No. 2:14-cv-00604-MCE-DAD
UNOPPOSED APPLICATION TO
EXTEND TIME TO FILE JOINT
STATUS REPORT FROM JUNE 4, 2019,
TO JUNE 14, 2019; ORDER;
DECLARATION OF JOHN W. KILLEEN

Plaintiffs,
v.

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XAVIER BECERRA, in his official capacity
as Attorney General of the State of
California,

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Defendant.

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UNOPPOSED APPLICATION
On February 4, 2019, the Court entered an order approving a stipulation between the parties

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regarding payment of attorney fees, expenses, and costs. In its order, the Court directed the

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parties to “[e]very 60 days after the date this Order is electronically filed . . . submit a joint status

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Joint Status Report (2:14-cv-00604-MCE-DAD)

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report advising the Court of the status of the Payment.” Dkt. No. 77. On April 5, the parties filed

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their first joint status report. See Dkt. No. 78.

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The parties’ next joint status report is due June 4, 2019. Counsel for Defendant Xavier

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Becerra will be out of the state starting May 28, 2019 and will not return to the office until the

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week of June 10, 2019. See Declaration of John W. Killeen, ¶ 2. As of today, counsel has not

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obtained the information he needs to complete the joint status report. Id. ¶ 3. Therefore,

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Defendant Xavier Becerra requests that the Court extend the parties’ time to file a joint status

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report from June 4, 2019, to June 14, 2019.

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Plaintiffs do not oppose this request. Id. ¶ 4.

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Dated: May 24, 2019

Respectfully Submitted,
XAVIER BECERRA
Attorney General of California
BENJAMIN M. GLICKMAN
Supervising Deputy Attorney General

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/s/ John W. Killeen
JOHN W. KILLEEN
Deputy Attorney General
Attorneys for Defendant
Xavier Becerra

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ORDER
Good cause appearing, the Court hereby orders that the parties’ deadline to file a joint status
report is extended from June 4, 2019 to June 14, 2019.
IT IS SO ORDERED.
Dated: May 28, 2019

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Joint Status Report (2:14-cv-00604-MCE-DAD)

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DECLARATION OF JOHN W. KILLEEN
1. I am a Deputy Attorney General with the California Department of Justice and am counsel

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for Defendant Xavier Becerra. I have personal knowledge of each fact stated in this declaration,

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and if called as a witness I could and would testify competently to them under oath.

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2. I am the only attorney currently staffed on this matter, and will be out of the office on a

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pre-planned vacation starting May 28, 2019. I will be returning to the office the week of June 10.

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3. As of May 24, 2019, I have requested but not yet received the information I need to
complete the parties’ joint status report.
4. On May 24, I emailed Plaintiffs’ counsel Gary Friedman and Deepak Gupta, asking if they

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opposed the extension of time for the parties to file their joint status report from June 4 to June 14.

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By emails on May 24, Mr. Friedman and Mr. Gupta stated that Plaintiffs did not oppose the

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requested extension of time.

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I declare under penalty of perjury under the laws of the United States of America and the State of

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California that the foregoing is true and correct.

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Executed this 24th day of May, 2019, at Sacramento, California.

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John W. Killeen (original signature on file)

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John W. Killeen

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SA2014115143
13770425.doc

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Joint Status Report (2:14-cv-00604-MCE-DAD)