Turner v. Redding Bank of Commerce

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/2018 GRANTING an Extension of Time for Defendant to respond to the complaint to 4/30/2018. (Hunt, G)

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LEE E. SHELDON, Bar No. 263310
KULUVA, ARMIJO & GARCIA
One California Street, Suite 1150
San Francisco, CA 94111
[phone] Tel.
[phone] Fax
[e-mail]
Attorneys for Defendant,
Redding Bank of Commerce

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JULIE TURNER,

CASE NO. 2:17-CV-01047 TLN CMK

Plaintiff,

STIPULATION AND ORDER TO EXTEND
TIME TO RESPOND TO COMPLAINT

vs.
REDDING BANK OF COMMERCE,
Defendant.

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TO THE COURT, ALL PARTIES, AND ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that plaintiff, JULIE TURNER (“Plaintiff”) and defendant,

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REDDING BANK OF COMMERCE (“Defendant”) hereby stipulate, by and through their respective

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counsel of record, as follows:

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WHEREAS, on November 23, 2016, Plaintiff filed a civil complaint in the Superior Court of

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California, County of Sacramento (hereinafter “State Court Complaint”) alleging: (1) disability

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discrimination, (2) failure to reasonably accommodate, (3) failure to engage in the interactive

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process, (4) violation of the American’s with Disabilities Act, and (5) violation of public policy;

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WHEREAS, on May 17, 2017, Defendant timely removed this matter to the United States
District Court for the Eastern District of California;
WHEREAS, on March 16, 2018, this Court issued an order denying Defendant’s Motion to

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Dismiss and Strike Portions of Plaintiff’s Complaint, or Alternatively for a More Definite Statement;

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WHEREAS, this Court’s order denying Defendant’s motion to dismiss provides that Plaintiff

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STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

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may file an amended complaint within thirty (30) days; [See Dkt. No. 12.]
WHEREAS, Plaintiff has advised that she intends to file a First Amended Complaint (“FAC”)
on or before the April 16, 2018 deadline;

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WHEREAS, Defendant’s Answer or other responsive pleading to the State Court Complaint

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is currently due within fourteen (14) days after notice of the Court’s ruling on the motion to dismiss;

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WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(B), Defendant’s Answer to

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the Plaintiff’s State Court Complaint would be due on or before March 30, 2018 and before Plaintiff

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has filed her First Amended Complaint (“FAC”);

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THEREFORE, it is hereby stipulated by and between the parties, through their respective

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attorneys of record, and in the interest of judicial economy, that Defendant’s time to file a responsive

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pleading to the State Court Complaint shall be extended by thirty (30) days to April 30, 2018;

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IT IS FURTHER STIPULATED, that to the extent that Plaintiff files a FAC on or before the

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April 16, 2018 deadline, Defendant shall not be required to file a responsive pleading to the State

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Court Complaint and shall instead, file an Answer or other responsive pleading to Plaintiff’s FAC.

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DATED: April 4, 2018

KULUVA, ARMIJO & GARCIA

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By: __/s/ Lee E. Sheldon_________________
LEE E. SHELDON,
Attorney for Defendant,
REDDING BANK OF COMMERCE

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DATED: April 4, 2018

THE BIEGLER LAW FIRM

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By: __/s/ Robert Biegler__________________
ROBERT BIEGLER,
Attorney for Plaintiff,
JULIE TURNER

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STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT

ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: April 16, 2018

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Troy L. Nunley
United States District Judge

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STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO COMPLAINT