Ayala v. Ayers et al

Filing 69

ORDER GRANTING 68 STIPULATION, DECLARATION, AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANTS ANSWER TO PLAINTIFFS SECOND AMENDED COMPLAINT. Signed by Judge JEFFREY S. WHITE on 8/31/12. (jjoS, COURT STAFF) (Filed on 8/31/2012)

Case3:10-cv-00979-JSW Document68 Filed08/30/12 Page1 of 3

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KAMALA D. HARRIS
Attorney General of California
WILLIAM C. KWONG
Supervising Deputy Attorney General
MARTINE N. D’AGOSTINO
Deputy Attorney General
State Bar No. 256777
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Guthrie, Faaita, Wagner,
and Schlosser

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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REYNALDO AYALA,

v.
ROBERT AYERS, JR. et al.,

Case No. C 10-0979 JSW (PR)
Plaintiff, JOINT STIPULATION, DECLARATION,
AND [PROPOSED] ORDER
EXTENDING DEADLINE FOR
DEFENDANTS’ ANSWER TO
PLAINTIFF’S SECOND AMENDED
COMPLAINT
Defendants.

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Under Local Rule 6-1, the parties jointly recommend and stipulate that the Court grant
Defendants a seven-day extension of time to file an answer to Plaintiff’s Second Amended
Complaint. Under the Court’s August 20, 2012 order, Defendants must file a response to the
operative complaint on or before September 4, 2012. (Docket No. 62.) Through written
correspondence, the parties agreed to a seven-day extension of time, changing Defendants’
deadline to file an answer to September 11, 2012.

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Stip. Re: Deadline for Defs.’ Answer to Pl.’s Sec. Am. Compl.

R. Ayala v. Ayers, et al.
Case No. C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document68 Filed08/30/12 Page2 of 3

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SO STIPULATED.

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Dated:

/s/ Martine N. D’Agostino
MARTINE N. D’AGOSTINO
California Attorney General’s Office
Counsel for Defendants

8/30/12

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SO STIPULATED.
Dated:

/s/ Deanna Kwong
DEANNA KWONG
Covington & Burling LLP
Counsel for Plaintiff

8/30/12

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DECLARATION OF M. D’AGOSTINO

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I, M. D’AGOSTINO, declare as follows:

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I am a Deputy Attorney General in the California Attorney General’s Office, counsel of

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record for Defendants Guthrie, Faaita, Wagner, and Schlosser in this matter. I am competent to

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testify to the matters set forth in this declaration, and if called to do so, would testify.

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Defendants’ counsel needs additional time to prepare the answer. Since receiving the

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Court’s order on August 20, 2012, Defendants’ counsel has been managing a busy case load

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including, but not limited to, preparing a supplemental document request, drafting a confidential

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settlement statement, and preparing for a settlement conference on September 4, 2012 in this case.

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Additionally, Defendants’ counsel filed a summary-judgment motion in Simpson v. Martinez,

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Case No. 3:11-CV-02642-EMC (N.D. Cal.) on August 24, 2012. Accordingly, Defendants

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respectfully request an extension of time for an additional seven days in which to file an answer

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to Plaintiff’s Second Amended Complaint, so that it may be filed on or before September 11,

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2012.

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The parties do not presently anticipate that the requested extension will have any substantial

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impact on the schedule for the case, and no other deadlines will be affected. Defendants have not

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previously sought an extension of time to file an answer. The only previous time modifications in

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the case were an extension of time for Plaintiff, who was then proceeding pro se, to file an

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application to proceed in forma pauperis (Docket No. 6); a 90-day extension of time for Plaintiff,
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Stip. Re: Deadline for Defs.’ Answer to Pl.’s Sec. Am. Compl.

R. Ayala v. Ayers, et al.
Case No. C 10-0979 JSW (PR)

Case3:10-cv-00979-JSW Document68 Filed08/30/12 Page3 of 3

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who was then proceeding pro se, to file an opposition to Defendants’ first Motion to Dismiss

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(Docket No. 18); an extension of the deadline for the parties’ exchange of Initial Disclosures from

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July 13, 2012 to July 20, 2012 (Docket No. 52); and a stipulation to shorten time for Plaintiff’s

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Motion for Leave to Amend his complaint (Docket No. 55).

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I have obtained Ms. Kwong’s consent to the signing of this stipulation.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this date,

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August 30, 2012, in San Francisco, California.

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/s/ Martine N. D’Agostino
M. D’AGOSTINO
Deputy Attorney General

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ORDER
Per the parties’ stipulation, IT IS SO ORDERED.

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August 31, 2012
Dated: ________________

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___________________________________
The Honorable Jeffrey S. White
UNITED STATES DISTRICT COURT JUDGE

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SF2010401143
20634887.doc

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Stip. Re: Deadline for Defs.’ Answer to Pl.’s Sec. Am. Compl.

R. Ayala v. Ayers, et al.
Case No. C 10-0979 JSW (PR)