BNSF Railway Company v. Su

Filing 10

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr on 12/11/17: Defendant's deadline to answer or otherwise respond to Plaintiff's Complaint shall be extended to not later than February 5, 2018. (Kaminski, H)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
TAMAR PACHTER, State Bar No. 146083
Supervising Deputy Attorney General
PETER H. CHANG, State Bar No. 241467
Deputy Attorney General
455 Golden Gate Ave., Ste. 11000
San Francisco, CA 94102
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendant Julie Su,
California Labor Commissioner

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BNSF RAILWAY COMPANY,

2:17-CV-02302-MCE-CKD

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Plaintiff,
v.

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JULIE SU, in her official capacity as
LABOR COMMISSIONER, STATE
OF CALIFORNIA DIVISION OF
LABOR STANDARDS ENFORCEMENT,

Complaint Served: Nov. 14, 2017
Current Response Date: Jan. 2, 2018
Requested Response Date: Feb. 5, 2018
Judge: Hon. Morrison C. England, Jr.
Action Filed: Nov. 1, 2017

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SECOND STIPULATION AND ORDER
TO EXTEND TIME TO RESPOND TO
COMPLAINT

DEFENDANT.

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Second Stipulation to Extend Time to Answer Company (2:17-CV-02302-MCE-CKD)

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Pursuant to Local Civil Rule 144(a), Defendant Julie Su and Plaintiff BNSF Railway

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Company respectfully requests that Defendant’s deadline to respond to the Complaint (Dkt No. 1)

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be extended to and including February 5, 2018.

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Plaintiff BNSF Railway Company and Defendant Julie Su, hereby stipulate and agree as
follows:

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WHEREAS, Plaintiff filed its Complaint for Declaratory and Injunctive Relief on October
31, 2017, and served the same on November 14, 2017;

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WHEREAS, the parties first stipulated to a 28-day extension on December 4, 2017, which
extended the time to respond to January 2, 2018 (Dkt. No. 7);

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WHEREAS, the undersigned counsel for Defendant requires additional time to evaluate the
case and prepare a response;

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WHEREAS, due to the upcoming holidays and the workload of Defendant’s undersigned
counsel, the parties believe that a further extension to February 5, 2018 is appropriate;

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WHEREAS, the parties agree that Defendant’s time to answer or otherwise respond to the
Complaint should be extended to and including February 5, 2018;

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THEREFORE, pursuant to Local Civil Rule 144(a), and in consideration of the foregoing, it
is hereby stipulated that

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DEFENDANT’S deadline to answer or otherwise respond to Plaintiff’s Complaint for

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Declaratory and Injunctive Relief (Dkt. No. 1) shall be extended to and including February 5,

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2018.

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Second Stipulation to Extend Time to Answer Company (2:17-CV-02302-MCE-CKD)

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Dated: December 6, 2017

Respectfully Submitted,

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XAVIER BECERRA
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General

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/s/ Peter H. Chang

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PETER H. CHANG
Deputy Attorney General
Attorneys for Defendant Julie Su,
California Labor Commissioner

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Dated: December 6, 2017

JONES DAY

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/s/ Amanda C. Sommerfeld
(as authorized on Dec. 4, 2017)

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AMANDA C. SOMMERFELD
Attorneys for Plaintiff BNSF Railway
Company

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ORDER
Having considered the stipulation of the parties, and good cause appearing, Defendant’s

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deadline to answer or otherwise respond to Plaintiff’s Complaint shall be extended to not later

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than February 5, 2018.

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IT IS SO ORDERED.
Dated: December 11, 2017

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Second Stipulation to Extend Time to Answer Company (2:17-CV-02302-MCE-CKD)