California Fire Chiefs Association, Inc. v. Backer et al

Filing 10

STIPULATION AND ORDER signed by District Judge John A. Mendez on 3/30/2017 ORDERING the defendant to respond to the 1 Complaint by 4/24/2017; ORDERING the parties to file a joint status report fourteen (14) days after the defendant files an answer to the complaint or the Court issues an order on Defendants' motion to dismiss. (Michel, G.)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
ISMAEL A. CASTRO, State Bar No. 85452
Supervising Deputy Attorney General
RENU R. GEORGE, State Bar No. 262310
Deputy Attorney General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Howard Backer and
Daniel Smiley, in their official capacities

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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CALIFORNIA FIRE CHIEFS
ASSOCIATION, INC.,

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v.
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2:17-cv-00116-JAM-KJN
JOINT STIPULATION EXTENDING
Plaintiff, TIME FOR DEFENDANTS TO
RESPOND TO COMPLAINT AND
ORDER THEREON [Local Rule 144(a)]

6, 14th Floor
HOWARD BACKER, ET AL.,
The Honorable John A.
Mendez
Defendant(s) Trial Date:
None Set
Action Filed: January 18, 2017
Courtroom:
Judge:

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JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO
COMPLAINT

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Pursuant to Local Rule 144(a), Plaintiff California Fire Chiefs Association, Inc. and
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Defendants Howard Backer and Daniel Smiley, by and through their respective counsel, hereby
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stipulate to grant Defendants additional time to respond to Plaintiff’s Complaint as set forth
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below:
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Joint Stipulation Extending Time for Defendants to Answer Complaint and [Proposed] Order thereon [Local Rule 144(a) (2:17-

cv-00116-JAM-KJN)

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WHEREAS, Plaintiff filed a Complaint on January 18, 2017 naming Howard Backer and
Daniel Smiley, in their official capacities, as Defendants in this action;

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WHEREAS, on January 31, 2017, Plaintiff served Defendants with a Waiver of Summons
and Complaint;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(1)(A)(ii), Defendants’
response to Plaintiff’s Complaint is due April 3, 2017;

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WHEREAS, the parties joint status report is due on April 3, 2017;

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WHEREAS, Defendants require additional time in which to respond to Plaintiff’s

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Complaint;

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WHEREAS, the parties request additional time in which to file a joint status report;

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WHEREAS, in the interest of justice and in an effort to enhance judicial efficiency and

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preserve resources, Plaintiff agrees to grant Defendants twenty-one (21) days additional time in

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which to respond to the Complaint and the parties agree to extend the time to file a joint status

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report until fourteen (14) days after defendant files an answer to the complaint or the Court issues

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an Order on defendants’ motion to dismiss;

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WHEREAS, the extension sought will not alter any other date of any event or deadline

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already fixed by Court Order.

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Joint Stipulation Extending Time for Defendants to Answer Complaint and [Proposed] Order thereon [Local Rule 144(a) (2:17-

cv-00116-JAM-KJN)

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NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that the time

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in which Defendants shall respond to the Complaint in this action shall be continued twenty-one

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days (21) days until April 24, 2017 and the time for the parties to file a joint status report shall be

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continued until fourteen (14) days after defendant files an answer to the complaint or the Court

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issues an order on defendants’ motion to dismiss.

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Dated: March 30, 2017

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General

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/s/ Renu R. George

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RENU R. GEORGE
Deputy Attorney General
Attorneys for Defendants Howard Backer
and Daniel Smiley, in their official capacities

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/s/ Joseph T. Ergastolo

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JOSEPH T. ERGASTOLO
Law Office of Wright, L’Estrange &
Ergastolo
Attorney for Plaintiff California Fire Chiefs
Association, Inc.

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Dated: March 30, 2017

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SA2017105506
12638616.doc

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Joint Stipulation Extending Time for Defendants to Answer Complaint and [Proposed] Order thereon [Local Rule 144(a) (2:17-

cv-00116-JAM-KJN)

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ORDER THEREON

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Based on the Parties’ above Joint Stipulation, IT IS HEREBY SO ORDERED THAT the

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Defendants’ time to serve and file a response to Plaintiff’s Complaint in the above entitled action

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shall be extended from April 3, 2017 to April 24, 2017 pursuant to Local Rule 144(a). Further,

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the parties time to file a joint status report shall be extended until fourteen (14) days after

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defendant files an answer to the complaint or the Court issues an order on defendants’ motion to

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dismiss.

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DATED: 3/30/2017

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/s/ John A. Mendez_____________________
United States District Court Judge

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Joint Stipulation Extending Time for Defendants to Answer Complaint and [Proposed] Order thereon [Local Rule 144(a) (2:17-

cv-00116-JAM-KJN)