Flynt et al v. Harris et al

Filing 17

STIPULATION and ORDER signed by District Judge John A. Mendez on 1/23/2017 ORDERING that the time for Defendants to respond to Plaintiffs' Complaint be extended for five days to 1/31/2017. (Washington, S)

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KATHLEEN A. KENEALY
Acting Attorney General of California
SARA J. DRAKE
Senior Assistant Attorney General
PETER H. KAUFMAN, State Bar No. 52038
Deputy Attorney General
JAMES G. WAIAN, State Bar No. 152084
Deputy Attorney General
600 West Broadway, Suite 1800
San Diego, CA 92101
P.O. Box 85266
San Diego, CA 92186-5266
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LARRY C. FLYNT, HAIG KELEGIAN,
SR., and HAIG T. KELEGIAN, JR.,

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v.

Case No. 2:16-cv-02831-JAM-EFB

STIPULATION AND ORDER
Plaintiffs, EXTENDING TIME TO RESPOND TO
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF

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Courtroom:
KATHLEEN A. KENEALY, in her official
Judge:
capacity as ACTING ATTORNEY
GENERAL of CALIFORNIA, WAYNE
Trial Date:
QUINT, JR., in his official capacity as the
Action Filed:
CHIEF of the CALIFORNIA
DEPARTMENT OF JUSTICE, BUREAU of
GAMBLING CONTROL, an agency of the
STATE of CALIFORNIA, and JIM
EVANS, LAUREN HAMMOND, and
TRANG TO, in their official capacities as
members of the CALIFORNIA
GAMBLING CONTROL COMMISSION,
an agency of the STATE of CALIFORNIA,

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The Honorable John A.
Mendez
None Set
November 30, 2016

Defendants.

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WHEREAS, defendants Kathleen A. Kenealy, in her official capacity as Acting Attorney

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
(2:16-cv-02831-JAM-EFB)

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General of California, Wayne Quint, Jr., in his official capacity as the Chief of the California

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Department of Justice, Bureau of Gambling Control, and Jim Evans, Lauren Hammond, and

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Trang To, in their official capacities as members of the California Gambling Control Commission

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(collectively, Defendants), intend to file a motion to dismiss Plaintiffs’ Complaint for Declaratory

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and Injunctive Relief pursuant to Rule 12 of the Federal Rules of Civil Procedure; and

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WHEREAS, on December 22, 2016, counsel for plaintiffs Larry C. Flynt, Haig Kelegian,

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Sr., and Haig Kelegian, Jr. (collectively, Plaintiffs) and counsel for Defendants stipulated and

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agreed that, pursuant to Local Rule 144(a), the time for Defendants to respond to Plaintiffs’

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Complaint for Declaratory and Injunctive Relief be extended for twenty-eight days to January 26,

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2017; and

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WHEREAS, counsel for Plaintiffs and counsel for Defendants have initiated the meet and

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confer process for Defendants’ motion to dismiss, as required by the Court’s standing order, but

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due to the unavoidable unavailability of counsel for Plaintiffs due to a family illness, the meet and

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confer conference scheduled for January 20, 2017, was cancelled, and must be postponed until

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Tuesday, January 24, 2017, less than five days prior to the last day for filing Defendants’ motion

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to dismiss.

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For all the foregoing reasons, IT IS HEREBY STIPULATED AND AGREED by the

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parties hereto, through their undersigned counsel, and subject to the approval of the Court, that

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the time for Defendants to respond to Plaintiffs’ Complaint for Declaratory and Injunctive Relief

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be extended for five days to January 31, 2017, to allow counsel for the parties to complete the

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meet and confer process for Defendants’ proposed motion to dismiss.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
(2:16-cv-02831-JAM-EFB)

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Dated: January 23, 2017

Respectfully submitted,

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KATHLEEN A. KENEALY
Acting Attorney General of California
SARA J. DRAKE
Senior Assistant Attorney General
PETER H. KAUFMAN
Deputy Attorney General

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/s/ James G. Waian

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JAMES G. WAIAN
Deputy Attorney General
Attorneys for Defendants

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Dated: January 23, 2017

LIPSITZ GREEN SCIME CAMBRIA LLP
PAUL J. CAMBRIA, JR.
ERIN E. MCCAMPBELL

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/s/ Paul J. Cambria, Jr.
(as authorized on January 21, 2017)

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PAUL J. CAMBRIA, JR.
LIPSITZ GREEN SCIME CAMBRIA LLP
Attorneys for Plaintiffs

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ORDER
Upon full consideration of the Stipulation of counsel, and for good cause shown, IT IS

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HEREBY ORDERED that the time for Defendants to respond to Plaintiffs’ Complaint for

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Declaratory and Injunctive Relief be extended for five days to January 31, 2017.

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DATED: 1/23/2017

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/s/ John A. Mendez______________

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HONORABLE JOHN A. MENDEZ

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
(2:16-cv-02831-JAM-EFB)