Gurry v. Butera-Ortiz

Filing 7

STIPULATION AND ORDER RE 6 THIRD AMENDED PETITION. Signed by Judge Richard Seeborg on 1/17/12. (cl, COURT STAFF) (Filed on 1/17/2012)

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*E-Filed 1/17/12* 1 2 3 UNITED DEFENSE GROUP, LLP Eric A. Chase, CA SBN 42160 4181 Sunswept Drive, Ste. 100 Studio City, CA 91604 Telephone (818) 487-7400 Fax (818) 487-7414 4 5 Attorneys for Petitioner CHRISTOPHER J. GURRY 6 7 8 9 10 11 12 13 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: (415) 436-7155 FAX: (415) 436-6927 neill.tseng@usdoj.gov Attorneys for Respondent CHRISTINE BUTERA-ORTIZ 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN FRANCISCO DIVISION 18 CHRISTOPHER J. GURRY, 19 Petitioner, 20 v. 21 22 23 CHRISTINE BUTERA-ORTIZ, United States Probation Officer, Respondent. ) ) ) ) ) ) ) ) ) ) No. C 11-00964 RS STIPULATION RE THIRD AMENDED PETITION; [PROPOSED] ORDER 24 25 26 SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES, BY AND THROUGH THEIR UNDERSIGNED COUNSEL, HEREBY STIPULATE AS FOLLOWS: 27 Petitioner will be given leave to file a Third Amended Petition in order to update certain 28 material allegations from the Second Amended Petition. Petitioner will file the Third Amended STIPULATION RE THIRD AMENDED PETITION; [PROPOSED] ORDER C 11-00964 RS 1 Petition on or before January 20, 2012. Respondent will then file a motion to dismiss the action 2 for want of jurisdiction, or file a notice that she declines to file such a motion, on or before 3 February 21, 2012. Petitioner then has until on or before March 22, 2012, to file an opposition to 4 any such motion. Respondent may then file a reply brief on or before April 6, 2012. 5 This briefing schedule replaces the briefing schedule set forth in Doc. #5. 6 7 8 DATED: January 17, 2012 By: 9 ____/s/____________________________ ERIC A. CHASE Attorney for Petitioner 10 MELINDA HAAG United States Attorney 11 12 13 DATED: January 17, 2012 14 By: ____/s/____________________________ NEILL T. TSENG Assistant United States Attorney Attorneys for Respondent 15 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED: 18 19 20 21 DATED: 1/17/12 ________________________________ HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 STIPULATION RE THIRD AMENDED PETITION; [PROPOSED] ORDER C 11-00964 RS

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