Byrd v. Donahoe

Filing 8

STIPULATION AND ORDER TO ALLOW PLAINTIFF TO FILE AN AMENDED COMPLAINT AND TO ALLOW THE DEFENDANT TO FILE AN ANSWER AND/OR RESPONSIVE PLEADING TO THE AMENDED COMPLAINT. Signed by Judge Richard Seeborg on 12/1/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/1/2011)

*E-Filed 12/1/11*

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MELINDA HAAG (CABN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
MELISSA K.B. SLADDEN (CSBN 203307)
Assistant United States Attorney

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450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Defendants
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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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YOLANDA G. BYRD,
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Plaintiff,
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v.
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PATRICK DONAHOE, POSTMASTER
GENERAL UNITED STATES POSTAL
SERVICE,

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Defendant.
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No. C-11-4230 RS
STIPULATION AND [PROPOSED]
ORDER TO ALLOW PLAINTIFF TO
FILE AN AMENDED COMPLAINT
AND TO ALLOW THE DEFENDANT
TO FILE AN ANSWER AND/OR
RESPONSIVE PLEADING TO THE
AMENDED COMPLAINT

Pursuant to Rule 15 (a)(2) of the Federal Rules of Civil Procedure, the parties, plaintiff

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Yolanda Byrd (“Plaintiff”) and the defendant Patrick Donahoe, Postmaster General for the

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United States Postal Service (“Defendant”) submit this Stipulation and [Proposed] Order.

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WHEREAS, the Plaintiff filed her Employment Discrimination Complaint (“Complaint”)
on August 26, 2011;
WHEREAS, the Defendant was served with the Complaint on October 13, 2011, and

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pursuant to Rule 12(a)(3), the Defendant’s answer and/or responsive pleading is due on

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December 12, 2011;

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WHEREAS, while preparing Joint Case Management Statement, the Defendant informed
Plaintiff that it planned to file a motion to dismiss and motion for more definite statement

[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]

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because it was the Defendant’s position that the Complaint was vague and ambiguous as written,

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and included claims that were not timely exhausted;

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WHEREAS, the parties determined that it would be a better use of resources to allow
Plaintiff to amend her Complaint;
WHEREAS, Plaintiff will be out of town from December 14, 2011 through January 8,
2012, and thus has requested that she have until January 31, 2012 to amend her complaint;

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ACCORDINGLY, it is hereby agreed by the Parties, that the Plaintiff shall have until

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January 31, 2012, to file and serve an amended complaint, and the Defendant shall have until

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March 2, 2012, to file and serve a responsive pleading and/or answer.

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IT IS SO STIPULATED.

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DATED: December 1, 2011

Respectfully submitted,
MELINDA HAAG
United States Attorney

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S/ Melissa Sladden
________________________________
MELISSA SLADDEN
Assistant United States Attorney

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DATED: December 1, 2011
YOLANDA G. BYRD
Plaintiff, pro se
S/ Yolanda Byrd
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YOLANDA G. BYRD
Pro Se

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[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]

[PROPOSED] ORDER

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Pursuant to the stipulation of the parties, the Plaintiff shall have until January 31, 2012, to

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file and serve an amended complaint, and the Defendant shall have until March 2, 2012, to file

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and serve a responsive pleading and/or answer.

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IT IS SO ORDERED
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12/1/11
Dated: _______________

____________________________

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HONORABLE RICHARD SEEBORG
United States District Court Judge

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[STIPULATION AND [PROPOSED] ORDER - C-11-4230-RS]