Ujhelyi v. Vilsack

Filing 77

ORDER GRANTING AS MODIFIED 76 Stipulation Lifting Stay and Setting Case Management Conference. Case Management Conference set for 12/6/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on October 23, 2013. (jswlc3, COURT STAFF) (Filed on 10/23/2013)

Case3:12-cv-04282-JSW Document76 Filed10/23/13 Page1 of 3

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MELINDA HAAG (CABN 132612)
United States Attorney
ALEX G. TSE (CABN 152348)
Chief, Civil Division
REBECCA A. FALK (CSBN 226798)
Assistant United States Attorney
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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LIVIA UJHELYI,

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Case No. 12-04282 JSW

Plaintiff,
v.
TOM VILSACK, SECRETARY, U.S.
DEPARTMENT OF AGRICULTURE,

JOINT STIPULATION AND
[PROPOSED] ORDER LIFTING STAY
AND SETTING CASE MANAGEMENT
CONFERENCE
AS MODIFIED

Defendant.

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JOINT STIPULATION AND [PROPOSED] ORDER LIFTING STAY AND SETTING CMC
No. 12-04282 JSW

Case3:12-cv-04282-JSW Document76 Filed10/23/13 Page2 of 3

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Plaintiff Livia Ujhelyi (“Plaintiff”) and Federal Defendant Tom Vilsack, Secretary, U.S.

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Department of Agriculture (“Federal Defendant”), by and through its counsel of record, hereby

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stipulate and agree as follows:
1.

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On October 7, 2013, in light of the lapse of federal appropriations to the

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Department of Justice, the Federal Defendant moved this Court for an order staying the above-

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captioned matter until after Congress restored funding to the Department of Justice and the

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shutdown of the federal government came to an end. Dkt. No. 72.
2.

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Answer to Plaintiff’s First Amended Complaint. Dkt. No. 73.
3.

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On October 11, 2013, at the Case Management Conference, this Court granted as

the Federal Defendant’s motion. Dkt. No. 74.
4.

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On October 8, 2013, Plaintiff filed a Motion to Strike Portions of Defendant’s

On October 17, 2013, after funding was restored, furloughed employees of the

Department of Justice returned to work.
5.

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Due to the government shutdown and stay in the above-captioned matter, the

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parties agree that Defendant will have until October 30 to file an Opposition to Plaintiff’s Motion

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to Strike Portions of Defendant’s Answer to Plaintiff’s First Amended Complaint. Plaintiff’s

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Reply will be due on November 6, 2013. A hearing on this matter is scheduled for December 6,

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2013.

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6.

The parties hereby agree that work on this case may resume and respectfully

request that the stay in the above-captioned matter be lifted.
7.

In addition, the parties agree that they are available for a Continued Case

Management Conference on December 6, 2013.

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JOINT STIPULATION AND [PROPOSED] ORDER LIFTING STAY AND SETTING CMC
No. 12-04282 JSW

Case3:12-cv-04282-JSW Document76 Filed10/23/13 Page3 of 3

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Dated: October 23, 2013

Respectfully Submitted,
MELINDA HAAG
United States Attorney

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/s/ Rebecca A. Falk
REBECCA A. FALK 1
Assistant United States Attorney

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Dated: October 23, 2013

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/s/ Livia Ujhelyi
LIVIA UJHELYI
Pro Se

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: October ____, 2013
HONORABLE JEFFREY S. WHITE
United States District Judge

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The Court will set the case management conference at 9:00 a.m. immediately following the motion
hearing. However, if the Court finds the motion suitable for disposition without oral argument, it shall
hold the case management conference at 1:30 p.m. on its normal case management calendar. If Plaintiff
wishes to appear by phone at the hearing, she may submit a request to do so.

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I, Rebecca A. Falk, hereby attest, in accordance with the Civil L.R. 5(i)(3), the
concurrence in the filing of this document has been obtained from the other signatory listed here.

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JOINT STIPULATION AND [PROPOSED] ORDER LIFTING STAY AND SETTING CMC
No. 12-04282 JSW