Contreras v. National Guard Bureau et al

Filing 63

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 8/23/17: HEARING as to 47 , 54 Motions to Dismiss RESET for 10/26/2017 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Opposition briefs will be due on or before October 5, 2017. Reply briefs will be due on or before October 19, 2017. (Kaminski, H)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
DAVID J. NEILL, State Bar No. 186997
Supervising Deputy Attorney General
MATTHEW T. BESMER, State Bar No. 269138
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Military
Department, Major General Baldwin, and Colonel
Kaufman

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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GRACIELA CONTRERAS,

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v.

2:14-CV-1282-KJM-KJN-PS
Plaintiff, STIPULATION TO CONTINUE
HEARING DATE ON MOTIONS TO
DISMISS; AND

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ORDER
ROBERT M. SPEER, ACTING SECRETARY OF
THE U.S. ARMY, ET AL.
Defendants. Trial Date: None Set
Action Filed: May 27, 2014

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On June 23, 2017, the State Defendants filed a motion to dismiss and scheduled the
hearing on September 6, 2017. ECF No. 47. On July 7, 2017, the Federal Defendants filed a
motion to dismiss and scheduled the hearing on September 13, 2017. ECF No. 54. On July 20,
2017, the Court issued a minute order continuing the State Defendants’ motion to dismiss to
September 13, 2017. ECF No. 57. On August 11, 2017, the Court issued a minute order relating
this case to the case denominated as 2:13-cv-01440 KJM KJN and 2:14-cv-01820 KJM KJN.
ECF No. 58. The Court reassigned this case to the Honorable Kimberly J. Mueller, United States

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Stipulation to Continue Hearing Date On Motions to Dismiss (2:14-CV-1282-KJM-KJN-PS)

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District Court Judge. Id. Also on August 11, 2017, the Court continued the hearing on the

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pending motions to dismiss to September 28, 2017. ECF No. 60.

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Counsel for the State Defendants is out of the country from approximately September 8,

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2017, through approximately September 23, 2017. As a result, counsel for the state defendants

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will be unable to timely prepare a reply brief for the hearing currently scheduled for September

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28, 2017. Based on their respective schedules, the parties stipulate as follows:

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1.

The State Defendants’ motion to dismiss (ECF No. 47) and the Federal

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Defendants’ motion to dismiss (ECF No. 54) will be heard on October 26, 2017 at 10:00 a.m. in

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Courtroom 25.

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2.

Opposition briefs will be due on or before October 5, 2017. Reply briefs will be

due on or before October 19, 2017.

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IT IS SO STIPULATED.

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Dated: August 18, 2017
XAVIER BECERRA
Attorney General of California
DAVID J. NEILL
Supervising Deputy Attorney General

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s/ Matthew T. Besmer

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MATTHEW T. BESMER
Deputy Attorney General
Attorneys for Defendants California Military
Department, Major General Baldwin, and
Colonel Kaufman

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Stipulation to Continue Hearing Date On Motions to Dismiss (2:14-CV-1282-KJM-KJN-PS)

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Dated: August _21_, 2017

PHILLIP A. TALBERT
United States Attorney

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/s/ Chi Soo Kim

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CHI SOO KIM
Assistant United Attorney

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Dated: August _19_, 2017
/s/ Graciela Contreras

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________ __________________
GRACIELA CONTRERAS,
Plaintiff, In Propia Persona

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Stipulation to Continue Hearing Date On Motions to Dismiss (2:14-CV-1282-KJM-KJN-PS)

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ORDER

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With good cause appearing on the parties’ Stipulation to Continue Hearing Date on

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Motions to Dismiss, it is hereby ORDERED that the defendants’ motions to dismiss (ECF Nos.

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47 and 54) shall be heard on October 26, 2017, at 10:00 a.m., in Courtroom 25. Opposition briefs

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will be due on or before October 5, 2017. Reply briefs will be due on or before October 19, 2017.

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IT IS SO ORDERED.

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Dated: August 23, 2017
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Stipulation to Continue Hearing Date On Motions to Dismiss (2:14-CV-1282-KJM-KJN-PS)