Phan v. Employment Development Department

Filing 33

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 1/6/2017 ORDERING the plaintiff to file a Third Amended Complaint by 2/1/2017. (Michel, G.)

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VICKI E. CODY, State Bar No. 157842
Law Offices of Bowman & Associates
3841 N. Freeway Blvd., Suite 185
Sacramento, CA 95834
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
Loan Phan

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KATHLEEN A. KENEALY
Acting Attorney General of California
SUSAN E. SLAGER, State Bar No. 162942
Supervising Deputy Attorney General
MARC B. KOENIGSBERG, State Bar No. 204265
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Defendant
Employment Development Department

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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LOAN PHAN,

2:16-cv-00256-KJM-CKD

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v.
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Plaintiff, JOINT STIPULATION AND ORDER
PERMITTING PLAINTIFF TO FILE A
THIRD AMENDED COMPLAINT;
DECLARATION OF VICKI E. CODY

EDD (EMPLOYMENT DEVELOPMENT
DEPARTMENT),
Complaint Filed: 2/10/2016
Defendant. Second Amended Complaint: 11/23/2016
Pursuant to Rule 137(c) and Rule 143 of the Local Rules of the United States District
Court for the Eastern District of California, the parties hereby stipulate and agree, and request the

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Joint Stipulation and [Proposed] Order Permitting Plaintiff to File a Third Amended Complaint - 2:16-cv-00256KJM-CKD)

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Court allow, plaintiff Loan Phan to file a Third Amended Complaint by Wednesday, February 1,
2017, without need for defendant Employment Development Department to respond to plaintiff’s
Second Amended Complaint by Wednesday, January 11, 2017, as previously stipulated and
ordered.
Following further meet and confer by the parties, including further investigation by
plaintiff’s counsel, plaintiff’s counsel is optimistic that one more amendment will eliminate
objections the defense has made during the parties’ meet and confer process.
Currently the defense has a deadline of January 11, 2017, to file a responsive pleading to
the Second Amended Complaint. Though plaintiff’s counsel is aware that Local Rule 137(c)
requires the Third Amended Complaint to be attached as an exhibit to this stipulation, plaintiff’s
counsel will not have an opportunity to begin work on the Third Amended Complaint until the
week of January 23, 2017, due to other client commitments, as explained in the attached
declaration of plaintiff’s counsel.
The parties are making a good faith effort to resolve pleading issues without the need for
motions in court. The parties are confident that permitting the filing of a Third Amended
Complaint will enable the litigation to go forward (either with an early resolution or lengthier
litigation).

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IT IS SO STIPULATED.

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Joint Stipulation and [Proposed] Order Permitting Plaintiff to File a Third Amended Complaint - 2:16-cv-00256KJM-CKD)

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Dated: January _5_, 2017

Respectfully submitted,

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BOWMAN & ASSOCIATES
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/s/
/s/
VICKI E. CODY
Attorneys for Plaintiff
Loan Phan

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Dated: January __5_, 2017

Respectfully submitted,

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KATHLEEN A. KENEALY
Acting Attorney General of California
SUSAN E. SLAGER
Supervising Deputy Attorney General

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/s/
MARC B. KOENIGSBERG
Deputy Attorney General
Attorneys for Defendant
Employment Development Department

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Joint Stipulation and [Proposed] Order Permitting Plaintiff to File a Third Amended Complaint - 2:16-cv-00256KJM-CKD)

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ORDER

The Court, having considered the stipulation of the parties, hereby approves the
stipulation and sets forth as follows: plaintiff Loan Phan shall file a Third Amended Complaint on
or before February 1, 2017.

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IT IS SO ORDERED.
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DATED: January 6, 2017.

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UNITED STATES DISTRICT JUDGE
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Joint Stipulation and [Proposed] Order Permitting Plaintiff to File a Third Amended Complaint - 2:16-cv-00256KJM-CKD)