Bailey v. MacFarland et al

Filing 20

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 7/13/16 ORDERING that Defendants MICHAEL J. MACFARLAND and THE PUBLIC GROUP, LLC, a Utah limited liability company, are not obligated to file their Answers and Counterclaims in relat ion to the Amended Complaint until after the Court issues its Order deciding the Motion to Dismiss the Amended Complaint to be filed by Defendant MACFARLAND. That motion will be filed by Defendant MACFARLAND no later than 7/22/2016.(Mena-Sanchez, L)

KNOX, LEMMON & ANAPOLSKY, LLP
1 THOMAS S. KNOX (SBN 073384)
STEPHEN J. BYERS (SBN 245607)
2 300 Capitol Mall, Suite 1125
Sacramento, CA 95814
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendants MICHAEL J. MacFARLAND,
5 and THE PUBLIC GROUP, a Utah limited liability
company
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EASTERN DISTRICT OF CALIFORNIA
TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

UNITED STATES DISTRICT COURT
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11 CHRISTINE L. BAILEY
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Plaintiff,

13 v.
14 MICHAEL J. MacFARLAND,
and THE PUBLIC GROUP, a Utah
15 Limited Liability Company; and DOES 120, inclusive,
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Defendants.
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STIPULATION AND ORDER
EXTENDING TIME FOR DEFENDANTS TO
FILE ANSWERS AND COUNTERCLAIMS

Date action filed: August 13, 2015
Trial Date:
TBA

STIPULATION EXTENDING TIME FOR DEFENDANTS
TO FILE ANSWERS AND COUNTERCLAIMS

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CASE NO. 2:15-cv-01725-TLN-AC

On May 9, 2016, the Court issued its Order Granting Motion to Dismiss with Leave to Amend.

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(Docket No. 14.)
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On May 9, 2016, the Court also issued its Minute Order which states, in relevant part, that

25 “Plaintiff is hereby granted thirty (30) days from the entry of this order to file an Amended Complaint.
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS
TO FILE ANSWERS AND COUNTERCLAIMS

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Defendants Answer shall be due within twenty-one (21) days of the filing of the Amended Complaint.”

2 (Docket No. 15.)
On June 8, 2016, Plaintiff filed her Amended Complaint. (Docket No. 16.)

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On June 28, 2016, the Court issued its Order extending “the deadline for Defendants to file their

5 response to the Amended Complaint whether by means of an Answer, a Motion under Rule 12 of the
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Federal Rules of Civil Procedure or other appropriate motion . . . from June 29, 2016 until and
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including July 22, 2016.” (Docket No. 18.)
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As permitted by the Court’s Order entered as Docket No. 18, Defendant MICHAEL J.
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TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

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10 MACFARLAND will file a motion to dismiss the Amended Complaint. That motion will be filed by
11 Defendant MACFARLAND no later than July 22, 2016. The parties have agreed that Defendants will
12 not be obligated to file their Answers and Counterclaims in relation to the Amended Complaint until
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after the Court issues its Order deciding the motion to dismiss the Amended Complaint to be filed by
Defendant MACFARLAND.

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Accordingly, the parties, by and through their attorneys of record, hereby stipulate that

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17 Defendants MICHAEL J. MACFARLAND and THE PUBLIC GROUP, LLC, a Utah limited liability
18 company, are not obligated to file their Answers and Counterclaims in relation to the Amended
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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS
TO FILE ANSWERS AND COUNTERCLAIMS

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Complaint until after the Court issues its Order deciding the motion to dismiss the Amended Complaint

2 to be filed by Defendant MACFARLAND. That motion will be filed by Defendant MACFARLAND
3 no later than July 22, 2016.
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Dated: July 12, 2016

KNOX, LEMMON & ANAPOLSKY, LLP

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By: /s/

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TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

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STEPHEN J. BYERS, Attorneys for
MICHAEL J. MACFARLAND and THE PUBLIC
GROUP, LLC

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13 Dated: July 12, 2016
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CAROLE M. POPE, a Professional Corporation
By: /s/ (as authorized on 7/12/16)
CAROLE M. POPE, Attorney for
CHRISTINE L. BAILEY

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS
TO FILE ANSWERS AND COUNTERCLAIMS

ORDER

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Having reviewed the parties’ Stipulation Extending Time for Defendants to File Answers and

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3 Counterclaims, and good cause appearing, IT IS HEREBY ORDERED that Defendants MICHAEL J.
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MACFARLAND and THE PUBLIC GROUP, LLC, a Utah limited liability company, are not obligated

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to file their Answers and Counterclaims in relation to the Amended Complaint until after the Court
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issues its Order deciding the motion to dismiss the Amended Complaint to be filed by Defendant

9 2016.
TELE: [phone] FAX: [phone]

KNOX, LEMMON & ANAPOLSKY, LLP
300 CAPITOL MALL, SUITE 1125, SACRAMENTO, CA 95814

8 MACFARLAND. That motion will be filed by Defendant MACFARLAND no later than July 22,

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IT IS SO ORDERED:

Dated: July 13, 2016

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS
TO FILE ANSWERS AND COUNTERCLAIMS