Dahlin et al v. Frieborn et al

Filing 93

ORDER signed by District Judge Morrison C. England, Jr. on 1/9/2019 GRANTING 88 Stipulation and EXTENDING Time to 1/10/2019, for Plaintiffs to file their response to Defendants' Motion to Dismiss. (York, M)

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DENNISE HENDERSON (SBN 208640)
Law Office of Dennise Henderson
1903 Twenty First Street
Sacramento, CA 95811
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
Attorney for Plaintiffs
James Dahlin and Kimberly Dahlin

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JAMES DAHLIN and KIMBERLY DAHLIN;

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Plaintiffs,
v.
ROSEMARY FRIEBORN; CURT RANSOM;
MARILYN JASPER; CASSIE REEVES;
KATIE NEWMAN; SHERRY COUZENS;
MICHAEL CROSSON; THOMAS SHERIFF,
DVM; SHANA LAURSEN; HUMANE
SOCIETY OF THE SIERRA FOOTHILLS,
INC., a California nonprofit corporation;
FRIENDS OF PLACER COUNTY ANIMAL
SHELTER, an unincorporated association;
FRIENDS OF AUBURN/TAHOE VISTA
PLACER COUNTY ANIMAL SHELTER, an
unincorporated association; FRIENDS OF
AUBURN/TAHOE VISTA-PLACER
COUNTY ANIMAL SHELTER, INC., a
California nonprofit corporation; Doe 1
through Doe 125; EDWARD J. FRITZ; CITY
OF AUBURN; AUBURN POLICE
DEPARTMENT; Officer DEBBIE NELSON;
Officer PHILLIP ISETTA; Officer ANGELA
MCCOLLOUGH; Sergeant TUCKER HUEY;
Doe 126 through 150,

Case No. 2:17-cv-02585-MCE-AC
STIPULATION AND ORDER TO
EXTEND TIME FOR PLAINTIFFS TO
RESPOND TO DEFENDANTS FIRST
MOTION TO DISMISS
Judge: Hon. Morrison C. England, Jr.
Action Filed: December 9, 2017

Defendants.

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STIPULATION TO EXTEND TIME TO FILE
RESPONSE TO FIRST MOTION TO DISMISS
CASE NO. 2:17-CV-02585-MCE-AC

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WHEREAS, on October 17, 2018, Plaintiffs James Dahlin, Kimberly Dahlin, Toby

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Tippets and Martina Tippets (collectively, the “Plaintiffs”) filed their First Amended Complaint

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(“FAC”) in the above-captioned matter in the United States District Court, Eastern District of

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California, against Defendants Rosemary Frieborn, Curt Ransom, Marilyn Jasper, Cassie Reeves,

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Katie Newman, Sherry Couzens, Michael Crosson, Shana Laursen, the Humane Society of the

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Sierra Foothills, Inc., Friends of Auburn/Tahoe Vista-Placer County Animal Shelter, Inc., Friends

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of Placer County Animal Shelter, Friends of Auburn/Tahoe Vista Placer County Animal Shelter,

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and Edward Fritz (collectively, the “Non-Municipal Defendants”), City of Auburn, Auburn Police

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Department, Officer Debbie Nelson, Officer Phillip Isetta, Officer Angela McCollough, and

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Sergeant Tucker Huey (collectively, the “Municipal Defendants”), and Thomas Sheriff;

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WHEREAS, the Non Municipal Defendants and Municipal Defendants filed a Motion to

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Dismiss (see Doc 80, Doc 81);

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WHEREAS, Defendant Thomas Sheriff filed a Motion to Dismiss (see Doc 86);

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WHEREAS, the current deadline for Plaintiffs, to respond to Municipal Defendants

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Motion to Dismiss is due December 28, 2018 (see Doc. 80);

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WHEREAS, the current deadline for Plaintiffs, to respond to Non-Municipal Defendants
Motion to Dismiss is due January 10, 2019 (see Doc 81);

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WHEREAS, the current deadline for Plaintiffs to respond to Defendant Thomas Sheriff
Motion to Dismiss is due January 10, 2019 (see Doc 86);

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WHEREAS, the Plaintiffs, and Municipal Defendants agree that the interests of efficiency

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and justice will be promoted if Plaintiffs file their responses to the Motion to Dismiss at the same

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time;

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NOW, THEREFORE, PURSUANT TO EASTERN DISTRICT LOCAL RULE 144(A),

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IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Plaintiffs, the

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and Municipal Defendants that the deadline for Plaintiffs to file their response to Defendants’

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Motion to Dismiss is extended to January 10, 2019.

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STIPULATION TO EXTEND TIME TO FILE
RESPONSE TO FIRST MOTION TO DISMISS
CASE NO. 2:17-CV-02585-MCE-AC

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SO STIPULATED AND AGREED.
Dated: December 20, 2018.

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DENNISE HENDERSON
LAW OFFICE OF DENNISE HENDERSON
By:

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/s/ Dennise Henderson

(Signature authorized December 20,
2018 Attorney for Plaintiffs)

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Attorney for Plaintiffs

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Dated: December 20, 2018.

MELISSA T. CURRIER
ANGELO, KILDAY & KILDUFF LLP
By:

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/s/ Serena M. Warner
(Signature authorized December 20,
2018
M,Attorney for Defendant)

Attorney for Municipal Defendants

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STIPULATION TO EXTEND TIME TO FILE
RESPONSE TO FIRST MOTION TO DISMISS
CASE NO. 2:17-CV-02585-MCE-AC

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ORDER
Pursuant to the parties’ Stipulation (ECF No. 88), the deadline for Plaintiffs to file their
response to Defendants’ Motion to Dismiss is extended to January 10, 2019.
IT IS SO ORDERED.
Dated: January 9, 2019

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STIPULATION TO EXTEND TIME TO FILE
RESPONSE TO FIRST MOTION TO DISMISS
CASE NO. 2:17-CV-02585-MCE-AC