Vang et al v. Lopey, et al.,

Filing 47

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/2/16 ORDERING defendant California Department of Forestry and Fire Protection's time to respond to the complaint is extended to 1/7/2017. (Washington, S)

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KAMALA D. HARRIS
Attorney General of California
RANDY BARROW
MARK R. BECKINGTON
GAVIN G. MCCABE
Supervising Deputy Attorneys General
ALLISON GOLDSMITH (SBN 238263)
MARC N. MELNICK (SBN 168187)
GEORGE WATERS (SBN 88295)
Deputy Attorneys General
1515 Clay Street, 20th Floor
P.O. Box 70550
Oakland, CA 94612-0550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants California Department of
Forestry and Fire Protection and Alex Nishimura

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JESSE VANG et al.,

No. 2:16-CV-02172-JAM-CMK

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v.

Plaintiffs, STIPULATION AND ORDER TO
EXTEND TIME FOR
CAL FIRE TO
RESPOND TO COMPLAINT

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SHERIFF JON LOPEY et al.,

Dept:
Judge:

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The Honorable John A.
Mendez
Defendants. Trial Date:
None Set
Action Filed: 9/12/2016

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STIP. & [PROP.] ORDER TO EXTEND TIME FOR CAL FIRE TO RESPOND (No. 2:16-CV-02172-JAM-CMK)

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Plaintiffs Jesse Vang et al. and defendant California Department of Forestry and Fire

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Protection (“CAL FIRE”) have previously stipulated to extend the time for CAL FIRE to respond

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to the complaint by twenty-eight (28) days, to December 8, 2016. The parties are awaiting the

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Court’s ruling on the motion to dismiss and the motion to strike filed by defendants Sheriff Jon

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Lopey, Colleen Setzer, and County of Siskiyou (collectively, “Siskiyou County Defendants”);

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those motions were set for hearing on November 15, 2016. The Court ordered the motions

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submitted without appearance and without argument. The Court has not yet ruled on those

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motions. The Court’s ruling on those motions may cause Plaintiffs to file an amended complaint.

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Pursuant to Rule 144(a) of the Local Rules of Practice for the United States District Court,

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Eastern District of California, therefore, Plaintiffs, CAL FIRE, Siskiyou County, and defendant

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Alex Nishimura hereby stipulate to extend the time for CAL FIRE to respond to the complaint by

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a further thirty (30) days, to January 7, 2017. If Plaintiffs file an amended complaint, the time to

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respond shall be set by rule or by the Court, and may be extended by stipulation or by the Court.

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By executing this stipulation, the parties do not waive any arguments they may have in this case.

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Respectfully Submitted,
Dated: December 1, 2016

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/s/ Kyndra S. Miller (as authorized on
12/1/16)

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KYNDRA S. MILLER
Attorney for Plaintiffs

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KAMALA D. HARRIS
Attorney General of California

Dated: December 1, 2016

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/s/ Marc N. Melnick

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MARC N. MELNICK
Deputy Attorney General
Attorneys for Defendants California
Department of Forestry and Fire Protection
and Alex Nishimura

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1.

STIP. & [PROP.] ORDER TO EXTEND TIME FOR CAL FIRE TO RESPOND (No. 2:16-CV-02172-JAM-CMK)

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Dated: December 1, 2016

SPINELLI, DONALD & NOTT

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/s/ Domenic C. Spinelli (as authorized on
12/1/16)

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DOMENIC C. SPINELLI
Attorneys for Siskiyou County Defendants

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IT IS SO ORDERED. Defendant California Department of Forestry and Fire Protection’s

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time to respond to the complaint is extended to January 7, 2017.

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Dated: 12/2/2016

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/s/ John A. Mendez ___________
JOHN A. MENDEZ
United States District Court Judge

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SA2016103774
90730103.docx

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2.
STIP. & [PROP.] ORDER TO EXTEND TIME FOR CAL FIRE TO RESPOND (No. 2:16-CV-02172-JAM-CMK)