United States of America v. Gonzales & Gonzales Bonds and Insurance Agency, Inc. et al

Filing 40

STIPULATION AND ORDER extending time to and including 5/10/2010 for defendants to file responsive pleadings; Page limits increased to 8 pages; Signed by Judge Marilyn Hall Patel on 4/28/2010. (awb, COURT STAFF) (Filed on 4/28/2010)

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Gary A. Nye, Esq. (Cal. Bar No. 126104) David R. Ginsburg, Esq. (Cal. Bar No. 210900) ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP 5820 Canoga Avenue, Suite 250 Woodland Hills, California 91367 Telephone: [phone] Facsimile: [phone] Email: [e-mail], [e-mail] Attorneys for Defendants/Counterclaimants GONZALES & GONZALES BONDS AND INSURANCE AGENCY, INC. and AMERICAN SURETY COMPANY, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, ) ) ) Plaintiff, ) vs. ) GONZALES & GONZALES BONDS AND ) ) INSURANCE AGENCY, INC. and AMERICAN SURETY COMPANY, INC., ) ) ) Defendants. ) ) ) GONZALES & GONZALES BONDS AND ) ) INSURANCE AGENCY, INC. and AMERICAN SURETY COMPANY, INC. ) ) ) Counterclaimants, ) vs. ) ) UNITED STATES DEPARTMENT OF ) HOMELAND SECURITY, JANET ) NAPOLITANO, in her capacity as ) SECRETARY OF UNITED STATES ) DEPARTMENT OF HOMELAND ) SECURITY ) ) Counterdefendants. ) Case No. C 09-04029 MHP [Assigned to the Honorable Marilyn Hall Patel] STIPULATION TO ENLARGE THE DEADLINE AND PAGE LIMIT FOR G&G/ASC'S RESPONSE TO THE GOVERNMENT'S SUPPLEMENTAL BRIEF

STIPULATION TO ENLARGE THE DEADLINE AND PAGE LIMIT FOR RESPONSE CASE NO. C 09-04029 MHP

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pages.

Pursuant to Civil L.R. 6-1(b) and 7-12, Plaintiff United States of America and Counterdefendants United States Department of Homeland Security and Janet Napolitano, in her capacity as Secretary of United States Department of Homeland Security (collectively "United States"), on the one hand, and Defendants/Counterclaimants Gonzales & Gonzales Bonds and Insurance Agency, Inc. and American Surety Company, Inc. ("G&G/ASC"), on the other hand, by and through their respective counsel of record, stipulate and agree as follows: 1. On April 12, 2010, the Court heard oral argument concerning (1) the

Government's motion to dismiss G&G/ASC's counterclaim, and (2) G&G/ASC's motion for a judicial determination regarding the nature of the claims at issue, the appropriate standard of review, and the scope of allowable discovery. 2. At the conclusion of the hearing, the Court ordered "further briefing re 103.1 f (2)

to be filed within two weeks (eight pages), with responsive pleadings (3 pages) to be filed one week thereafter." 3. On April 26, 2010, the Government filed its supplemental brief and supporting

declarations and exhibits. G&G/ASC contends that the Government's brief and supporting materials address issues that exceed the Court's Order. The Government disagrees with G&G/ASC's contention. 4. In order to avoid a dispute at this time, the parties agree as follows: a. G&G/ASC shall be permitted a one week extension to file its response to

the Government's brief and supporting materials. Accordingly, the current May 3, 2010 deadline shall be extended to May 10, 2010; and b. the current 3 page limit for G&G/ASC's response shall be extended to 8

5.

This stipulation shall not act or be construed as an admission by the Government

that its brief and supporting materials exceed the Court's Order. Nor shall this stipulation act or be construed as an admission by G&G/ASC that the Government's brief and supporting materials are within the scope of the Court's Order.
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6.

There have been no prior modifications of the deadlines or page limits for the

supplemental briefing. 7. The extension of the filing deadline and page limit should have no effect on the

schedule for the case.

IT IS SO STIPULATED.

Dated: April 27, 2010 TONY WEST Assistant Attorney General JOSEPH P. RUSSONIELLO United States Attorney /s/ John Siemietkowski__________ J. CHRISTOPHER KOHN RUTH A. HARVEY E. KATHLEEN SHAHAN (D.C. Bar No.267872) JOHN SIEMIETKOWSKI (PA Bar. No. 50346) FRANCES M. MCLAUGHLIN (FL Bar No. 0256640) Attorneys, Trial Civil Division U.S. Department of Justice Commercial Litigation Branch P.O. Box 875 Ben Franklin Station Washington, DC 20044-0875 Tel: [phone] Fax: [phone] Attorneys for the United States of America ROXBOROUGH, POMERANCE, NYE & ADREANI, LLP

/s/ David R. Ginsburg__________ GARY A. NYE DAVID R. GINSBURG Attorneys for Defendants/Counterclaimants GONZALES & GONZALES BONDS AND INSURANCE AGENCY, INC. and AMERICAN SURETY COMPANY, INC.

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THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.
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