Haynie et al v. City of Pleasanton et al

Filing 45

ORDER for Additional Time to Plead to Consolidated Amended Complaint (tf, COURT STAFF) (Filed on 11/23/2011)

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KAMALA D. HARRIS
Attorney General of California
TAMAR PACHTER
Supervising Deputy Attorney General
ROSS C. MOODY
Deputy Attorney General
State Bar No. 142541
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Kamala Harris and
California Department of Justice

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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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CV 11-2493 SI and CV-10-1255 SI
BRENDAN JOHN RICHARDS, THE
CALGUNS FOUNDATION, INC., and THE
SECOND AMENDMENT FOUNDATION, STIPULATION AND ORDER FOR
ADDITIONAL TIME TO PLEAD TO
INC.,
CONSOLIDATED AMENDED
Plaintiffs, COMPLAINT
Courtroom:
Judge
The Honorable Susan Illston
Trial Date: N/A
Action Filed:

v.

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KAMALA HARRIS, Attorney General of
California (in her official capacity),
CALIFORNIA DEPARTMENT OF
JUSTICE, CITY OF ROHNERT PARK,
OFFICER DEAN BECKER (RP134) and
DOES 1 TO 20,
Defendants.

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On October 22, 2011 the Court issued an order granting the rule 12(b)(6) motion filed by

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defendants Kamala Harris and the California Department of Justice in the consolidated cases of

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Haynie, et al. v. Harris, et al. (CV-10-1255 SI) and Richards, et al. v. Harris, et al. (CV-11-

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2493). The order directed Plaintiffs to file a Consolidated Amended Complaint no later than

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November 4, 2011, and, as directed, Plaintiffs filed and served such an amended complaint on
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Stipulation and Order for Additional Time to Plead to Consolidated Amended Complaint (CV 11-2493 SI)

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November 4, 2011. In addition, Plaintiffs recently filed a new federal action related both to the

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second arrest of Brendan Richards and the underlying dispute about California’s Assault

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Weapons Control Act, and service of that action on Defendants Kamala Harris and the California

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Department of Justice is expected to occur next week.

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Pursuant to Federal Rule of Federal Procedure, Rule 15(a)(3), an answer or other

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responsive pleading shall be filed within 14 days after service of an amended pleading. The

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parties wish to stipulate to extend the date by which all defendants must answer or otherwise

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plead to the Consolidated Amended Complaint by 35 days. Therefore, pursuant to this

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stipulation, Defendants Kamala Harris, the California Department of Justice, the City of Rohnert

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Park and Officer Dean Becker shall have until December 26, 2011 to answer or plead to the

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Consolidate Amended Complaint filed in CV 11-2493 SI and CV-10-1255 SI.

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IT IS SO STIPULATED.
Dated: November 18, 2011

/s/ Ross C. Moody
ROSS C. MOODY
Deputy Attorney General
Attorneys for Defendants Kamala Harris and
California Department of Justice

Dated: November 18, 2011

/s/ Robert W. Henkels
ROBERT W. HENKELS
Geary, Shea, O'Donnell, Grattan & Mitchell, P.C.
Attorneys For Defendants City Of Rohnert Park
And Officer Dean Becker

Dated: November 18, 2011

/s/ Don E.J. Kilmer, Jr.
DON E.J. KILMER, JR.
Law Offices of Don Kilmer, A.P.C.
Attorneys for Plaintiffs Richard Haynie, Brendan
John Richards, The Calguns Foundation, Inc.,
and The Second Amendment Foundation, Inc.

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Good Cause appearing, IT IS SO ORDERED.

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11/22/11
Dated: ___________________________

__________________________
The Honorable Susan Illston
United States District Judge

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SA2011101441
20559296.doc

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Stipulation and Order for Additional Time to Plead to Consolidated Amended Complaint (CV 11-2493 SI)