Andrew et al v. City of Sacramento et al

Filing 13

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/18/17: ICMA-RC's deadline to respond to the Complaint shall be January 5, 2018. (Kaminski, H)

1
2
3
4
5
6
7
8

MAYER BROWN LLP
JOHN NADOLENCO (SBN 181128)
[e-mail]
ANDREW Z. EDELSTEIN (SBN 218023)
[e-mail]
JEFF R. R. NELSON (SBN 301546)
[e-mail]
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
International City Management Association Retirement
Corporation

9

UNITED STATED DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12
13

CHRIS ANDREW and RICHARD
MAYBERRY, suing individually and by and on
behalf of all others similarly situated,

14
15
16
17
18
19
20

Plaintiffs,
v.

Case No. 2:17-cv-02266-JAM-KJN
STIPULATION EXTENDING TIME TO
RESPOND TO THE COMPLAINT
Judge: John A. Mendez

CITY OF SACRAMENTO; NATIONWIDE
INVESTMENT SERVICES CORPORATION,
an Ohio Corporation; INTERNATIONAL
CITY/COUNTY MANAGERS
ASSOCIATION-RETIREMENT
CORPORATION, a District of Columbia
Company;

Complaint Filed: October 27, 2017

Defendants.

21
22
23
24
25
26
27
28
STIPULATION EXTENDING TIME TO RESPOND TO THE COMPLAINT;
CASE NO. 2:16-CV-00272-KJM-KJN

1

Pursuant to Local Rule 144, Plaintiffs Chris Andrew and Richard Mayberry (“Plaintiffs”)

2

and Defendant International City Management Association Retirement Corporation (“ICMA-

3

RC”), hereby stipulate, subject to Court approval, as follows:
WHEREAS, Plaintiffs served a summons and complaint on ICMA-RC on November 1,

4
5

2017;
WHEREAS, pursuant to stipulation, ICMA-RC’s responsive pleading or motion would

6
7

be due on or by December 20, 2017;
WHEREAS, a further extension is appropriate to allow sufficient time for ICMA-RC to

8
9

gather additional information, and prepare its response, given the holiday season;
WHEREAS, the Court has granted Nationwide Investment Services Corporation’s

10
11

request to extend the time to answer to January 5, 2018 (see ECF No. 9);
WHEREAS, ICMA-RC desires to remain on the same pleading track as the other non-

12
13

municipal defendant,
WHEREAS, Plaintiffs have agreed to extend the time by which ICMA-RC can answer or

14
15

otherwise respond to the complaint to January 5, 2018; and
WHEREAS, only one prior extension has been obtained by ICMA-RC, and this further

16
17

extension would not affect any court-ordered deadlines.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between

18
19

counsel for ICMA-RC and counsel for Plaintiffs, that:
1.

20
21

ICMA-RC shall have up to and including January 5, 2018 to answer, move, plead

or otherwise respond to the complaint.
2.

22

This Stipulation is not a waiver of any objection or defense that ICMA-RC or any

23

other party to this action might raise in any subsequent answer, motion, pleading or response to

24

the complaint.
3.

25

This Stipulation is made without prejudice to the right of any or all parties to seek

26

a further extension of these or any other deadlines for good cause shown.

27

///

28

///
1
STIPULATION EXTENDING TIME TO RESPOND TO THE COMPLAINT;
CASE NO. 2:17-CV-02266-JAM-KJN

1

Pursuant to Local Rule 131, I, Jeff R. R. Nelson, attest that all other signatories listed,

2

and on whose behalf this filing is submitted, approve the filing’s content and have authorized the

3

submission of this document on their behalf.

4

Dated: December 18, 2017

5
6

By:/s/ Jeff R. R. Nelson
Jeff R. R. Nelson
Attorneys for Defendant
ICMA-RC

7
8
9

MAYER BROWN LLP
JOHN NADOLENCO
ANDREW Z. EDELSTEIN
JEFF R. R. NELSON

Dated: December 18, 2017

10
11

MASTAGNI HOLSTEDT
DAVID P. MASTAGNI
JEFFREY R. A. EDWARDS
By:/s/ Jeffrey R. A. Edwards
Jeffrey R. A. Edwards
Attorney for Plaintiffs
Chris Andrew and Richard Mayberry

12
13
14
15

IT IS SO ORDERED. ICMA-RC’s deadline to respond to the Complaint shall be January 5,

16

2018.

17

Dated: December 18, 2017

/s/ John A. Mendez_________________
U. S. District Court Judge

18
19
20
21
22
23
24
25
26
27
28
2
726249157

STIPULATION EXTENDING TIME TO RESPOND TO THE COMPLAINT;
CASE NO. 2:17-CV-02266-JAM-KJN