Rosales, et al. v. Dutschke, et al.

Filing 55

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 6/2/16: Plaintiffs' Second Amended Complaint (Dkt. No. 52) shall be filed and all defendants shall respond to that Complaint on or before July 1, 2016. (Kaminski, H)

1 PHILIP A. TALBERT
Acting United States Attorney
2 GREGORY T. BRODERICK
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for the United States
6
7

UNITED STATES DISTRICT COURT

8

EASTERN DISTRICT OF CALIFORNIA

9
10

WALTER ROSALES AND KAREN
TOGGERY, et al.,

11
Plaintiffs.
12
v.
13
14
15

CASE NO. 2:15-cv-1145 KJM KJN
STIPULATION AND ORDER
REGARDING FILING OF
SECOND AMENDED
COMPLAINT AND
RESPONSIVE PLEADING

AMY DUTSCHKE, Regional Director,
BIA; et al.,
Defendants

16
17

Through undersigned counsel, the parties hereby stipulate and propose to permit the filing of the

18 Second Amended Complaint (Dkt. No. 52), and to continue the due date for the responsive pleading by
19 all defendants to July 1, 2016. On May 3, 2016, this Court dismissed Plaintiffs’ complaint but permitted
20 an amended complaint to be filed on or before May 23, 2016. (See Dkt. No. 49). On May 20, 2016,
21 Plaintiffs filed a First Amended Complaint (“FAC”). (See Dkt. No. 50). On May 23, 2016, Plaintiffs
22 filed a Second Amended Complaint, which was similar to the FAC but dismissed one of the claims.
23 Plaintiffs appear to have served Defendants Amy Dutschke and John Rydzik on or about May 26, 2016,
24 thus making their responsive pleading due July 25, 2016, because they are both federal employees. See
25 Fed. R. Civ. App. 12(a)(3). Other defendants, who had previously been served, have a responsive
26 pleading deadline of June 6, 2016. See Fed. R. Civ. App. 15(a)(3).
27

Defendants Dutschke and Rydzik are officials employed by the Bureau of Indian Affairs, and

28 have requested individual-capacity representation by the Department of Justice. See 28 C.F.R. § 50.15.

Stip. and Order re 2AC and Responsive Pleadings

1

1 Although the full package requesting representation has been submitted to the Constitutional Torts
2 branch of the Department’s Civil Division, this process will take some time to complete. In light of that
3 pending request and the history of this action, the parties believe that it would be more efficient for all
4 defendants to file their responsive pleadings at the same time. Therefore, the parties hereby stipulate,
5 and propose as follows:
6

1.

That Plaintiffs’ Second Amended Complaint (Dkt. No. 52) be filed; and

7

2. That all defendants shall respond to that Complaint on or before July 1, 2016.

8 Dated: May 31, 2016

Respectfully submitted,

9

PHILIP A. TALBERT
Acting United States Attorney

10

12

/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant U.S. Attorney

13

LAW OFFICE OF FRANK LAWRENCE

14

17

/s/ Frank Lawrence (authorized 05/31/2016)
FRANK LAWRENCE
Attorneys for Defendants San Diego Gaming Ventures
LLC, Penn. National Gaming Inc., C.W.
Driver, and Specially-Appearing Defendants Erica Pinto,
Carlene Chamberlain, and Kenny Meza

18

WEBB & CAREY

11

15
16

19
20

/s/ Patrick Webb (authorized 05/31/2016)
PATRICK WEBB
Attorney for Plaintiffs

21
22
23
24
25
26
27
28

Stip. and Order re 2AC and Responsive Pleadings

2

1

Good cause appearing, IT IS SO ORDERED.

2 Dated: June 2, 2016
3
4
UNITED STATES DISTRICT JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stip. and Order re 2AC and Responsive Pleadings

3