Gurry v. Butera-Ortiz

Filing 9

STIPULATION AND ORDER RE 8 AMENDED STIPULATION RE THIRD AMENDED PETITION. Signed by Judge Richard Seeborg on 1/18/12. (cl, COURT STAFF) (Filed on 1/18/2012)

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UNITED DEFENSE GROUP, LLP
Eric A. Chase, CA SBN 42160
4181 Sunswept Drive, Ste. 100
Studio City, CA 91604
Telephone [phone]
Fax [phone]

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Attorneys for Petitioner
CHRISTOPHER J. GURRY

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHRISTOPHER J. GURRY,
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Petitioner,
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v.
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CHRISTINE BUTERA-ORTIZ, United
States Probation Officer,
Respondent.

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No. C 11-00964 RS
AMENDED STIPULATION RE THIRD
AMENDED PETITION; [PROPOSED]
ORDER

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SUBJECT TO THE APPROVAL OF THE COURT, THE PARTIES, BY AND THROUGH
THEIR UNDERSIGNED COUNSEL, HEREBY STIPULATE AS FOLLOWS:

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Petitioner will be given leave to file a Third Amended Petition in order to update certain

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material allegations from the Second Amended Petition. Petitioner will file the Third Amended
AMENDED STIPULATION RE THIRD AMENDED PETITION; [PROPOSED] ORDER
C 11-00964 RS

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Petition on or before January 20, 2012. Respondent will then file a motion to dismiss the action

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for want of jurisdiction, or file a notice that she declines to file such a motion, on or before

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March 21, 2012. Petitioner then has until on or before April 20, 2012, to file an opposition to

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

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This amended stipulation replaces the previous stipulation that was filed (Doc. #6) and

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ordered (Doc. #7) because the previous stipulation erroneously listed the briefing schedule the

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parties had agreed to. The parties had agreed to a briefing schedule consistent with the schedule

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set by this Court in Doc. #5, in which Respondent would be given 60 days to file a motion to

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dismiss or notice of declination to file such a motion, Petitioner would be given 30 days to file an

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opposition, and Respondent would be given 15 days to file a reply brief. However, in reducing

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the agreement to writing, the stipulation inadvertently provided for only 30 days to file a motion

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to dismiss instead of 60 days. This amended stipulation corrects that error. Additionally,

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Respondent desires the full 60 days to prepare and file any motion to dismiss because her counsel

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did not receive service of the Second Amended Petition until January 13, 2012.

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DATED: January 17, 2012

By:

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/s/
ERIC A. CHASE
Attorney for Petitioner

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MELINDA HAAG
United States Attorney

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DATED: January 17, 2012

By:

/s/
NEILL T. TSENG
Assistant United States Attorney
Attorneys for Respondent

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

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED:

1/18/12

________________________________
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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