Ellis v. Spellings

Filing 17

ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, PERMITTING TELEPHONIC APPEARANCE AT CMC re 16 Stipulation, filed by Margaret Spellings. Signed by Judge Maria-Elena James on 1/8/2009. (mejlc1, COURT STAFF) (Filed on 1/8/2009)

Case 3:08-cv-04349-MEJ

Document 16

Filed 01/08/2009

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MARVIN EDWARD ELLIS, PRO SE 2 Silver Place Black Mountain, NC 28711 Tel: [phone] Email: [e-mail] Plaintiff JOSEPH RUSSONIELLO (CSBN 118321) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division VICTORIA R. CARRADERO (CSBN 217885) Assistant United States Attorney 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION MARVIN EDWARD ELLIS, PRO SE ) ) Plaintiff, ) ) v. ) ) MARGARET SPELLINGS, SECRETARY,) UNITED STATES DEPARTMENT OF ) EDUCATION ) ) ) Defendant. ) ) ) ___________________________________) NO. C 08-4349-MEJ STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT AND TO PERMIT PLAINTIFF TO APPEAR TELEPHONICALLY AT THE 2/12/09 CASE MANAGEMENT CONFERENCE

Case 3:08-cv-04349-MEJ

Document 16

Filed 01/08/2009

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Plaintiff Marvin Edward Ellis, Pro Se, and Defendant Margaret Spellings, Secretary, United States Department of Education ("Defendant") by and through its undersigned counsel, hereby stipulate as follows: WHEREAS, Defendant requested and Plaintiff agreed to grant Defendant an extension of time to respond to the Complaint until January 30, 2009. WHEREAS the parties are to appear on February 12, 2009 for a Case Management Conference ("CMC"). WHEREAS Defendant understands Plaintiff resides out of state and does not oppose his request to appear telephonically at the February 12, 2009 CMC. ACCORDINGLY, the parties agree that Defendant has until January 30, 2009 to file a response to the Complaint and request that the Court order the same. The parties further agree that Plaintiff may appear telephonically at the February 12, 2009 CMC and request that the Court order the same. IT IS SO STIPULATED DATED: January 8, 2009 PLAINTIFF __________/s/______________ Marvin Edward Ellis, In Pro Per DATED: January 8, 2009 JOSEPH RUSSONIELLO United States Attorney __________/s/______________ Victoria R. Carradero Assistant United States Attorney Attorneys for Defendant PURSUANT TO STIPULATION IT IS SO ORDERED. DATED: January 8, 2009 __________________________ The Honorable Maria-Elena James United States Magistrate Judge

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