Anderson v. USDA et al.

Filing 13

STIPULATION and ORDER signed by Judge John A. Mendez on 12/2/14. Second amended complaint due on or before 12/9/14; the United States will have 30 days from the filing to file a response. Joint Status report due by 3/13/15. (Manzer, C)

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BENJAMIN B. WAGNER
United States Attorney
ALYSON A. BERG
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant UNITED STATES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EZELL ANDERSON, JR., Doing Business As, )
Mom’s Choice Meats,
) Case No. 2:14-cv-02307 JAM/CKD
)
Plaintiff,
) STIPULATION TO EXTEND TIME
) TO RESPOND TO SECOND
v.
) AMENDED COMPLAINT AND DATE
) TO FILE JOINT STATUS REPORT;
UNITED STATES OF AMERICA; KEVIN
) ORDER
CONCANNON, Undersecretary for Food,
)
Nutrition and Consumer Services; UNITED
)
STATES DEPARTMENT OF
)
AGRICULTURE; JOCELYN KEH, Section
)
Chief, Supplemental Nutrition Assistance
)
Program, Food and Nutrition Service, United )
States Department of Agriculture, and their
)
successors in office, ,
)
)
Defendants.
)
)

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Plaintiff Ezell Anderson Jr, doing business as, Mom’s Choice Meats (“Plaintiff”), and

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Defendant United States1 (“Defendant”), stipulate, by and through the undersigned counsel, to allow

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Plaintiff to file a Second Amended Complaint on or before December 9, 2014, and that the United

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States will have thirty (30) days from the filing of the Second Amended Complaint to file its

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response. The parties also jointly request that the Court continue the need to file a joint status report

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to a date convenient for the Court in March 2015.

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A store owner’s challenge to disqualification to participation in the Supplemental Nutrition Assistance
Program is pursued by a lawsuit against the United States, not any other entity or individual. 7 U.S.C. §
2023(a)(13) (“judicial review thereof by filing a complaint against the United States.”)
STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT
AND DATE TO FILE JOINT STATUS REPORT; [PROPOSED] ORDER

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The parties base this stipulation on good cause, which includes the need for Plaintiff to clarify

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his allegations and then allow the sufficient time for the United States to review the allegations in the

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Second Amended Complaint and respond accordingly. Because an operative pleading will not be on

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file at that date the current joint scheduling report is due a brief continuance is requested

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The parties request the court to endorse this stipulation by way of formal order.
Respectfully submitted,

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Dated: December 1, 2014

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/s/Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney
Attorney for Defendant United States

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BENJAMIN B. WAGNER
UNITED STATES ATTORNEY

Dated: December 1, 2014

BISCETTE AND ASSOCIATES, P.C.

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(As authorized 12/01/14)

/s/Nasiche Beatrice Biscette
NASICHE BEATRICE BISCETTE
Attorneys for Plaintiff

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ORDER

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Having reviewed the stipulation submitted by the parties, the court hereby extends the time

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for the Plaintiff to file a Second Amended Complaint to on or before December 9, 2014, and that the

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United States will have thirty (30) days from the filing of the Second Amended Complaint to file its

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response. The Court continues the date to file a joint status report to March 13, 2015.

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Dated: December 2, 2014

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/s/ John A. Mendez_____________________
John A. Mendez
United States District Court Judge

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STIPULATION TO EXTEND TIME TO RESPOND TO SECOND AMENDED COMPLAINT
AND DATE TO FILE JOINT STATUS REPORT; [PROPOSED] ORDER

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