Catchings v. Salazar et al

Filing 6

STIPULATION AND ORDER permitting plaintiff to file a first amended complaint. Signed by Judge Thelton E. Henderson on 05/05/10. (rbe, COURT STAFF) (Filed on 5/5/2010)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division VICTORIA R. CARRADERO (CSBN 217885) Assistant United States Attorney 450 Golden Gate Avenue, 9TH Floor San Francisco, California 94102-3495 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Federal Defendant Ken Salazar

8 9 10 11 12 RUFUS CATCHINGS, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT - Case No. 10-00625 ) ) Plaintiff, ) ) v. ) KEN SALAZAR, IN HIS OFFICIAL ) CAPACITY AS SECRETARY OF THE ) INTERIOR, MARCIA MCNUTT, IN HER ) OFFICIAL CAPACITY AS DIRECTOR OF ) THE UNITED STATES GEOLOGICAL ) SURVEY, ANNE KINSINGER, IN HER ) OFFICIAL CAPACITY AS REGIONAL ) DIRECTOR OF THE WESTERN REGION ) OF THE UNITED STATES GEOLOGICAL ) SURVEY, AND DOES 1-50. ) ) ) Defendant. ) ) Case No. 10-00625-TEH STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TO FILE A FIRST AMENDED COMPLAINT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

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Plaintiff Rufus Catchings ("Plaintiff"), and Defendant Ken Salazar, Secretary of the Interior ("Defendant") by and through their undersigned counsel, hereby stipulate as follows: WHEREAS, Defendant's response to Plaintiff's Complaint is due on May 5, 2010. The parties have communicated regarding certain pleading defects in Plaintiff's Complaint and wish to resolve pleading issues without motion practice. WHEREAS, the parties agree that Plaintiff will file a First Amended Complaint to cure the pleading issues raised by Defendant. Specifically, Plaintiff will file a First Amended Complaint that: (1) dismisses improperly named Defendants Marcia Mcnutt, Anne Kinsinger and DOE defendants; (2) dismisses the request for punitive damages. The parties have not agreed to any other amendments or changes to the Complaint. ACCORDINGLY, the due date for Defendant to respond to the Plaintiff's Complaint is continued such that Plaintiff can file a First Amended Complaint. Plaintiff will file a First Amended Complaint within five (5) calendar days of the Court's order approving this stipulation and Defendant will file a responsive pleading to Plaintiff's First Amended Complaint within ten (10) calendar days of the filing of the First Amended Complaint. IT IS SO STIPULATED DATED: May 4, 2010 HOYER & ASSOCIATES ________/s/_______________ Richard A. Hoyer, Esq. Attorney for Plaintiff DATED: May 4, 2010 JOSEPH RUSSONIELLO United States Attorney __________/s/______________ Victoria R. Carradero Assistant United States Attorney IST Attorneys for Defendant RICT ES D

21 22 23 24 PURSUANT TO STIPULATION IT IS SO ORDERED. 25 26 DATED: 27 28 05/05/10

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STIPULATION AND [PROPOSED] ORDER PERMITTING PLAINTIFF TO FILE A FIRST ER AMENDED COMPLAINT - Case No. 10-00625 C N 1 OF DI T

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__________________________ The Honorable Thelton Henderson United States District Court Judgen o

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