Gurry v. Butera-Ortiz

Filing 11

STIPULATION AND ORDER RE 10 THIRD AMENDED PETITION. Signed by Judge Richard Seeborg on 1/23/12. (cl, COURT STAFF) (Filed on 1/23/2012)

1
2
3
4
5
6
7
8
9
10
11
12
13

*E-Filed 1/23/12*

UNITED DEFENSE GROUP, LLP
Eric A. Chase, CA SBN 42160
4181 Sunswept Drive, Ste. 100
Studio City, CA 91604
Telephone [phone]
Fax [phone]
Attorneys for Defendant
CHRISTOPHER J. GURRY
MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
NEILL T. TSENG (CSBN 220348)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]
Attorneys for Respondent
CHRISTINE BUTERA-ORTIZ

14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17

CHRISTOPHER J. GURRY,

18
19
20
21

vs.

Petitioner,

CHRISTINE BUTERA-ORTIZ,
United States Probation Officer
Respondent..

)
)
)
)
)
)
)
)
)

Case No. 3:11-cv-00964-RS
SECOND AMENDED STIPULATION RE
THIRD AMENDED PETITION;
[PROPOSED ORDER]

22
23
24
25
26
27

SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES, BY AND
THROUGH THEIR UNDERSIGNED COUNSEL, HEREBY STIPULATE AS FOLLOWS:
Petitioner was previously given leave to file a Third Amended Petition in order to update
certain material allegations from the Second Amended Petition. It was previously agreed that
Petitioner would file the Third Amended Petition on or before January 20, 2012. The Parties

28
SECOND AMENDED STIPULATION RE THIRD AMENDED PETITION; [PROPOSED
ORDER] C 11-00964 RS

1

hereby stipulate that the leave to file the Third Amended Petition be extended so that filing will

2

be timely if completed on or before January 24, 2012. All other deadlines will remain as

3

previously stipulated so that Respondent will then file a motion to dismiss the action for want of

4

jurisdiction, or file a notice that she declines to file such a motion, on or before March 21, 2012.

5

Petitioner then has until on or before April 20, 2012, to file an opposition to any such motion.

6

Respondent may then file a reply brief on or before May 7, 2012.

7

DATED: January 23, 2012

8

By:_/s/________________________
ERIC A. CHASE
Attorney for Petitioner

9
10

MELINDA HAAG
United States Attorney

11
12

DATED: January 23, 2012

13
14

By:_/s/________________________
NEILL T. TSENG
Assistant United States Attorney
Attorney for Respondent

15

PURSUANT TO STIPULATION, IT IS SO ORDERED:

16

DATED: 1/23/12

17

________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

18
19
20
21
22
23
24
25
26
27
28
SECOND AMENDED STIPULATION RE THIRD AMENDED PETITION; [PROPOSED
ORDER] C 11-00964 RS