Kaaid et al v. The United States et al

Filing 10

STIPULATION AND ORDER re 9 STIPULATION GRANTING EXTENSION OF TIME TO RESPOND TO PLAINTIFFS COMPLAINT AND CONTINUING INITIAL CASE MANAGEMENT CONFERENCE filed by The United States: Case Management Statement due by 7/31/2012. Initial Case Management Conference set for 8/7/2012 10:00 AM in Courtroom E, 15th Floor, San Francisco. Signed by Judge Elizabeth D Laporte on 6/25/2012. (kns, COURT STAFF) (Filed on 6/25/2012)

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MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: [phone]
FAX: [phone]
[e-mail]
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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)
)
)
)
Plaintiffs,
)
)
v.
)
)
UNITED STATES OF AMERICA and
DOUGLAS G. PERRY; In His Capacity As )
The Administrative Review Officer Of The )
)
Administrative Review Division Of The
)
United States Department Of Agriculture
)
Food and Nutrition Service
)
)
Defendants.
)
FAISA KAAID and JUBRAN NAGI
MUZAID, dba FRIENDLY MARKET,

No. 12-1507 EDL
STIPULATION AND [PROPOSED]
ORDER GRANTING EXTENSION OF
TIME TO RESPOND TO PLAINTIFF’S
COMPLAINT AND CONTINUING
INITIAL CASE MANAGEMENT
CONFERENCE

Defendants United States of America and Douglas G. Perry (“Defendants”) and Plaintiffs

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Faisa Kaaid and Jubran Nagi Muzaid (“Plaintiffs”), by and through their respective counsel,

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stipulate to extend the time for Defendants to respond to Plaintiffs’ Complaint

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pursuant to Civil Local Rule 6-1 of the Northern District of California, and further respectfully

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request that the Court continue the Initial Case Management Conference that has been scheduled

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in the above-captioned matter for July 10, 2012, at 10:00 a.m., until August 7, 2012, at 10:00

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STIPULATION AND [PROPOSED] ORDER GRANTING EXTENSION OF TIME TO RESPOND TO
COMPLAINT AND CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE
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12-1507 EDL

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a.m. In accordance with Local Civil Rule 6-2(a), this stipulation is supported by the Declaration

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of Ann Marie Reding and a proposed order, which is filed herewith. The parties stipulate as

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follows:

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1.

On March 26, 2012, Plaintiffs filed their Complaint in this Court. On the same

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date, the Court scheduled an Initial Case Management Conference for July 10, 2012, at 10:00

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a.m. See Docket Nos. 1 and 3.

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2.

On May 3, 2012, the U.S. Attorney's Office received a copy of Plaintiffs’

Complaint by certified mail. See Declaration of Ann Marie Reding (“Reding Decl.”), ¶ 3.
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Pursuant to 5 U.S.C. § 552(a)(4)(C), Defendants’ response to the Complaint is

presently due to be filed and served on July 2, 2012. Id. at ¶ 4.
4.

On June 21, 2012, counsel for Defendant informed Plaintiffs’ counsel that her

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agency contact will be on vacation the week of June 25, 2012, and that defense counsel will be

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out of state from June 29, 2012 through July 6, 2012. See id. at ¶ 5. Defense counsel further

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represented that she only received a copy of the administrative file in this action on June 20,

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2012. Id.

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5.

Based on the unavailability of defense counsel and her agency contact, as well as

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the fact that defense counsel only very recently obtained a copy of the administrative record in

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this matter, the parties have agreed to stipulate to an extension of time from July 2, 2012 to July

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13, 2012 for Defendants to file a responsive pleading in this matter. See id. at ¶ 6. The parties

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have further agreed to stipulate to a request to move the Initial Case Management Conference for

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thirty days to August 7, 2012. Id.

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6.

No prior extensions of time have been requested or granted. See id. at ¶ 7.

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7.

The only effect the requested time modification will have on this case is to delay

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the Initial Case Management Conference for thirty days. See id. at ¶ 8.
THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiffs and Defendants

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that Defendants will have until July 13, 2012 to respond to Plaintiffs’ Complaint and the parties

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agree to request that the Court vacate the July 10, 2012 Initial Case Management Conference in

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STIPULATION AND [PROPOSED] ORDER GRANTING EXTENSION OF TIME TO RESPOND TO
COMPLAINT AND CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE
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12-1507 EDL

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this action and set the Initial Case Management Conference for August 7, 2012.

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DATED: July 21, 2012

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___/s/ Earl D. Johnson________________
EARL D. JOHNSON
Attorneys for Plaintiff

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DATED: July 21, 2012

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Respectfully submitted,
MELINDA HAAG
United States Attorney

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____/s/ Ann Marie Reding_____________
ANN MARIE REDING
Assistant United States Attorney

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[PROPOSED] ORDER

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Respectfully submitted,

Plaintiffs and Defendants’ stipulated request to extend the period of time for Defendant to

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file a responsive pleading and continue the Initial Case Management Conference is hereby

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GRANTED. Defendants will have until July 13, 2012 to respond to Plaintiffs’ Complaint. The

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Initial Case Management Conference scheduled for July 10, 2012 at 10:00 a.m. is hereby

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vacated. The new Initial Case Management Conference is scheduled for August 7, 2012 at 10:00

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a.m. A joint case management statement shall be filed one week prior to the conference.

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Hon. Elizabeth ORDERED
O D. Laporte
UNITED STATES MAGISTRATE JUDGE
IT IS S

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Date: June 25, 2012

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STIPULATION AND [PROPOSED] ORDER GRANTING EXTENSION OF TIME TO RESPOND TO
COMPLAINT AND CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE
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12-1507 EDL