Vang et al v. Lopey, et al.,

Filing 43

STIPULATION AND ORDER signed by District Judge John A. Mendez on 11/10/2016 ORDERING the parties to file their Joint Status Report with Rule 26 Discovery Plan by 2/10/2017. (Michel, G.)

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SPINELLI, DONALD & NOTT
A Professional Corporation
Domenic D. Spinelli, SBN: 131192
Alison W. Winter, SBN 251084
Amy E. Williams, SBN 277192
815 S Street, Second Floor
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants, Sheriff Jon Lopey,
individually and in his capacity as Siskiyou
County Sheriff, Colleen Setzer, individually
and in her capacity as Siskiyou County Clerk, and
the County of Siskiyou

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[Additional Counsel on Next Page]

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE VANG; WANG CHANG; JOUA
CHAO MOUA; ALEXANDER VANG;
DANG XIONG; DOLLARSAI YURGH;
JOUA YENG VANG; MANISY MOUA;
POUA VANG; RICHARD VANG; and
DOES 1-200,

Case No.: 2:16-cv-02172-JAM-CMK
JOINT STIPULATION TO CONTINUE
DEADLINE TO FILE JOINT STATUS
REPORT
Complaint Filed: September 12, 2016

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Plaintiffs,
vs.
[FEES EXEMPT PURSUANT TO
GOVERNMENT CODE SECTION 6103]

SHERIFF JON LOPEY, individually and in
his capacity as Sheriff for the COUNTY OF
SISKIYOU; COLLEEN SETZER,
individually and in her capacity as Clerk for
the COUNTY OF SISKIYOU; ALEX
NISHIMURA, individually and in his
capacity as an agent of the CALIFORNIA
SECRETARY OF STATE; the COUNTY OF
SISKIYOU; CALIFORNIA DEPARTMENT
OF FORESTRY AND FIRE PROTECTION;
Does 1-20, in their individual capacity; and
DOES 1-20, inclusive
Defendants,
__________________________

_____/

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SPINELLI, DONALD &
NOTT

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE JOINT STATUS REPORT

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KAMALA D. HARRIS
Attorney General of California
RANDY BARROW
MARK R. BECKINGTON
GAVIN G. MCCABE
Supervising Deputy Attorney General
ALLISON GOLDSMITH, SBN 238263
MARC N. MELNICK SBN 168187
GEORGE WATERS, SBN 88295
Deputy Attorney General
1300 I Street, Suite 125
PO Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
Attorneys for Defendants,
Alex Nishimura and California
Department of Forestry and Fire Protection
Kyndra S. Miller, SBN 224343
Randolph E. Daar, SBN 88195
Brian Ford, SBN 305023
506 Broadway
San Francisco, CA 94133
Telephone: [phone]

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Attorneys for Plaintiffs
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Plaintiffs and Defendants Sheriff Jon Lopey, individually and in his capacity as Siskiyou

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County Sheriff, Clerk Colleen Setzer, individually and in her capacity as Siskiyou County Clerk,

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the County of Siskiyou, Alex Nishimura, individually and in his capacity as an agent of the

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California Secretary of State, and the California Department of Forestry and Fire Protection

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HEREBY STIPULATE AND AGREE as follows:

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1.

Defendants Sheriff Jon Lopey, Clerk Colleen Setzer, and the County of Siskiyou

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have filed a Motion to Dismiss Pursuant to Fed R. Civ. P. 12(b)(6) and a Special Motion to Strike

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Plaintiffs’ Complaint Pursuant to Cal. Code Civ. Proc. § 425.16 (West 2016). The Court vacated the

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November 15, 2016 hearing date on November 9, 2016, having determined that the motion be

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ordered submitted without appearance and without argument pursuant to Local Rule 230(g). The

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rulings are pending;

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SPINELLI, DONALD &
NOTT

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE JOINT STATUS REPORT

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Defendant Alex Nishimura filed his Answer to Complaint on October 6, 2016;

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3.

Defendant California Department of Forestry and Fire Protection (CAL FIRE) has

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not yet filed an Answer or responsive pleading to Plaintiffs’ Complaint; on November 7, 2016,

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CAL FIRE and Plaintiffs entered into a stipulation to extend the time for Cal Fire to respond to the

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complaint to December 8, 2016;

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4.

Based on the procedural status of the case and the fact that the pleadings have not yet

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been finalized, the parties agree to continue the time to file their Joint Status Report, agree to vacate

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the November 14, 2016 filing deadline, and further agree that the Joint Status Report with Rule

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26(f) discovery plan should be filed by February 10, 2017.

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This is the first stipulation for a continuance of this filing deadline between the parties.

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Dated: November 10, 2016

KYNDRA S. MILLER
RANDOLPH E. DAAR
BRIAN FORD

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By: ___/s/ Kyndra S. Miller _____________
Kyndra S. Miller
Randolph E. Daar
Brian Ford
Attorneys for Plaintiffs

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Dated: November 10, 2016

SPINELLI, DONALD & NOTT

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By: /s/ Domenic D. Spinelli
DOMENIC D. SPINELLI
ALISON W. WINTER
AMY E. WILLIAMS
Attorney for Defendants,
Sheriff Jon Lopey, individually and
in his capacity as Siskiyou County
Sheriff, Colleen Setzer, individually
and in her capacity as Siskiyou County
Clerk, and the County of Siskiyou

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SPINELLI, DONALD &
NOTT

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE JOINT STATUS REPORT

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Date: November 10, 2016

KAMALA D. HARRIS
Attorney General of California

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By: ____/s/ Allison Goldsmith__________
ALLISON GOLDSMITH
Deputy Attorney General
Attorneys for Defendant
Alex Nishimura and
California Department of Forestry and
Fire Protection

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ORDER
Pursuant to the parties’ stipulation and good cause showing:
1.

The current November 14, 2016 deadline for the parties to file their Joint Status

Report with Rule 26 discovery plan is vacated.
2.

The parties are ordered to file their Joint Status Report with Rule 26 discovery plan

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on or before February 10, 2017.
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Dated: 11/10/2016

/s/ John A. Mendez____________
Judge John A. Mendez
United States District Court Judge
Eastern District of California

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SPINELLI, DONALD &
NOTT

JOINT STIPULATION TO CONTINUE DEADLINE TO FILE JOINT STATUS REPORT

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