Callender v. United States Postal Service et al

Filing 17

STIPULATION and ORDER TO SUBSTITUTE The Postmaster General in place of the United States Postal Service signed by Magistrate Judge Carolyn K. Delaney on 4/3/18. The Postmaster General, Megan Brennan, is substituted in for the United States Postal Service. United States Postal Service TERMINATED. Additionally, as the pending Motion to Dismiss 10 is hereby withdrawn, the Motion hearing set for 5/16/18 is VACATED. (Mena-Sanchez, L)

1 McGREGOR W. SCOTT
United States Attorney
2 EDWARD A. OLSEN, CSBN 214150
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States Postal Service
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CECIL CALLENDER III,

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CASE NO. 2:18-CV-00025-JAM-CKD
(PS)

Plaintiff,

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v.

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UNITED STATES POSTAL SERVICE;
NATIONAL ASSOCIATION OF LETTER
CARRIERS, BRANCH 133,

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STIPULATION TO SUBSTITUTE THE
POSTMASTER GENERAL IN PLACE
OF THE UNITED STATES POSTAL
SERVICE; AND ORDER

Defendants.

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Plaintiff Cecil Callender III, and the United States Postal Service, by and through its

21 attorneys of record, hereby stipulate, subject to approval of the Court, to the following:
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(1)

The Postmaster General, Megan Brennan, is substituted in for the United States

23 Postal Service.
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(2)

The United States Postal Service hereby withdraws its pending motion to dismiss

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(3)

The Postmaster General shall have thirty days to file a responsive pleading to the

27 complaint from the date the Court signs this proposed order.
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Respectfully submitted,

3 Dated: March 27, 2018

McGREGOR W. SCOTT
United States Attorney

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By:

/s/ Edward A. Olsen
EDWARD A. OLSEN
Assistant United States Attorney

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Dated: March 24, 2018

/s/ Cecil Callender III
CECIL CALLENDER III
Plaintiff

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ORDER

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15 Pursuant to the stipulation, IT IS SO ORDERED.
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17 Additionally, as the pending motion to dismiss (ECF No. 10) is hereby withdrawn, the motion
18 hearing set for May 16, 2018 is vacated.
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20 IT IS SO ORDERED.
21 Dated: April 3, 2018
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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