Forsythe et al v. Mukasey et al

Filing 13

ORDER RE: TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS. Pursuant to the parties' stipulation, plaintiff's opposition to defendant Mark Gunderson, M.D.'s motion to dismiss shall be filed no later than January 9, 2009. Signed by Judge Maxine M. Chesney on January 6, 2009. (mmclc1, COURT STAFF) (Filed on 1/6/2009)

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Mirch Law Office Kevin J. Mirch, Esq. [e-mail] Bar No. 106973 Marie C. Mirch, Esq. [e-mail] Bar No. 200833 1133 Columbia Street #106 San Diego, CA 92101 619-501-6220 619-501-6980 fax Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES W. FORSYTHE, M.D., EARLENE FORSYTHE, ) ) ) Plaintiffs, ) ) v. ) ) MICHAEL MUKASEY, in his official ) capacity as ATTORNEY GENERAL, ) UNITED STATES DEPARTMENT OF ) JUSTICE; MICHAEL LEAVITT, in his ) official capacity as SECRETARY OF THE ) DEPARTMENT OF HEALTH AND ) HUMAN SERVICES, ANDREW C. VON ) ESCHENBACH, M.D., in his official ) capacity as the ACTING COMMISSIONER ) OF THE UNITED STATES FOOD AND ) DRUG ADMINISTRATION, MARK ) GUNDERSON, M.D., an individual, ) ROBERT PERLSTEIN, M.D., an individual ) JOHN ZELINSKY, an individual, ) and DOES 1-10 ) ) Defendants. ) ____________________________________/

Case No. C 08-05160 EMC MMC

STIPULATION AND ORDER TO EXTEND TIME TO FILE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS (FIRST REQUEST)

IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN Plaintiffs, James W. Forsythe, M.D., Earlene Forsythe, through their attorney of record, Marie Mirch, and Defendant, Mark Gunderson, M.D., through his attorneys, Hager and Hearne, Treva Hearne , that the deadline for Plaintiffs to file their opposition to Defendant's Motion to Dismiss is hereby extended to and including, Friday, January 9, 2009. ///

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The Opposition is currently due on January 5, 2009. This is Plaintiff's first request for an extension of time, and is made in order to accommodate counsel's schedule and is not made for the purpose of any undue delay. DATED: January 5, 2009.

BY: /s/ Marie C. Mirch Marie C. Mirch MIRCH LAW OFFICE 1133 Columbia St #106 San Diego, CA 92101 Counsel for Plaintiff DATED: January 6 , 2009.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. 6 DATED : January ___, 2009. ___________________________________ UNITED STATES MAGISTRATE JUDGE DISTRICT ORDER BY: /s/ Treva Hearne Treva J. Hearne Hager & Hearne 245 E. Liberty Street, Suite 110 Reno, Nv 89501 Counsel for Defendant, Mark Gunderson, M.D.