Jason Call v. SA Matt Badgley et al

Filing 76

ORDER by Judge Haywood S. Gilliam, Jr. Granting 75 Stipulation For Extension of Time to Respond to Second Amended Complaint. (ndrS, COURT STAFF) (Filed on 2/7/2017)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Phone: [phone]
Fax: [phone]

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Attorneys for Defendant NATE MENDES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JASON CALL,

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Case No.: 3:15-cv-03353 HSG
Plaintiff,

vs.
CALIFORNIA DEPARTMENT OF
JUSTICE/BUREAU OF NARCOTIC
ENFORCEMENT; COUNTY OF
HUMBOLDT; HUMBOLDT COUNTY
SHERIFF’S OFFICE; SPECIAL AGENT
JACK NELSEN; SPECIAL AGENT
MATT BADGLEY; SPECIAL AGENT
MONTI CERVELLI; SPECIAL AGENT
BRETT LETENDRE; SPECIAL AGENT
RYAN MAKI; AGENT HEATH
HELMAN; AGENT CORY PERSING;
AGENT NATE MENDES; AGENT
ADAM HARKNESS; AGENT MARVIN
KIRKPATRICK; AGENT KEVIN
STONEBARGER; SHERIFF MICHAEL
DOWNEY; DEPUTY SHERIFF WAYNE
HANSON; DEPUTY SHERIFF GREG
MUSSON; DEPUTY SHERIFF BRIAN
QUENELL;DEPUTY SHERIFF BLAKE
MASSARO,

STIPULATION FOR EXTENSION OF
TIME TO ALLOW DEFENDANT NATE
MENDES TO RESPOND TO SECOND
AMENDED COMPLAINT; ORDER
THEREON

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Defendants.
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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

WHEREAS on June 1, 2015, Plaintiff initiated the present civil action in the Superior
Court of California, County of Humboldt;
STIPULATION FOR EXTENSION OF TIME FOR
MENDES TO FILE RESPONSE; PROPOSED ORDER
Case No. 3:15-cv-03353 HSG

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WHEREAS Defendant Nate Mendes was not named as a defendant in that civil action;

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WHEREAS on July 21, 2015, the named defendants removed the state court action to

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federal court;
WHEREAS on November 30, 2015, an amended complaint was filed naming
approximately 19 defendants, including “Agent Nate Mendes”;

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WHEREAS on November 10, 2016, a Second Amended Complaint was filed;

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WHEREAS on January 17, 2017, Robert Chalfant, outside counsel for Siskiyou County,

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received a voicemail message from Counsel for Plaintiff, Linda Mitlyng, asking whether Mr.

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Chalfant would be representing Nate Mendes;

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WHEREAS on January 19, 2017, Ms. Mitlyng emailed a proof of service to Mr. Chalfant

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showing that on June 7, 2016, substituted service of the Amended Complaint and Summons was

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attempted on Mr. Mendes, at a Bureau of Land Management Field Office.

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WHEREAS the parties wish to avoid motion practice relating to service issues;

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It is hereby stipulated by the parties to this action through their attorneys of record as

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follows:

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Defendant NATE MENDES may have a two week extension of time within which to

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respond to the Second Amended Complaint on file in any manner authorized by the Federal Rules

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of Civil Procedure. Said response will now be due on or before February 20, 2017.

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IT IS SO STIPULATED.
DATE: February 7, 2017

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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
WENDY MOTOOKA
Attorneys for Defendant NATE MENDES

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CREGGER & CHALFANT LLP

DATE: February 6, 2017

LAW OFFICE OF LINDA SUE MITLYNG

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/s/ Linda Sue Mitlyng
LINDA SUE MITLYNG, SBN 113810
Attorneys for Plaintiff JASON CALL

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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION FOR EXTENSION OF TIME FOR
MENDES TO FILE RESPONSE; PROPOSED ORDER
Case No. 3:15-cv-03353 HSG

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DATE: February 6, 2017

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STATE OF CALIFORNIA
OFFICE OF THE ATTORNEY GENERAL
/s/ Wilfred T. Fong
WILFRED T. FONG, SBN 154303
Attorneys for Defendants MATT BADGLEY, JACK
NELSON, MONTI CERVELLI, BRETT
LETENDRE, RYAN MAKI, HEATH HELMAN

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DATE: February 6, 2017

MITCHELL BRISSO DELANEY & VRIEZE

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/s/ Nancy K. Delaney
NANCY K. DELANEY, SBN 70617
Attorneys for Defendants COUNTY OF
HUMBOLDT, SHERIFF MICHAEL DOWNEY,
DEPUTY SHERIFF WAYNE HANSON, DEPUTY
SHERIFF GREG MUSSON, DEPUTY SHERIFF
BRIAN QUENELL, AGENT MARVIN
KIRKPATRICK; STANLEY HARKNESS

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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION FOR EXTENSION OF TIME FOR
MENDES TO FILE RESPONSE; PROPOSED ORDER
Case No. 3:15-cv-03353 HSG

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ORDER

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It is hereby ordered that Defendant NATE MENDES may have an extension of time to

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and including February 20, 2017, to file a response to the Second Amended Complaint on file

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herein in any manner authorized by the Federal Rules of Civil Procedure.

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IT IS SO ORDERED.

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DATED: February 7, 2017
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT JUDGE

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CREGGER & CHALFANT, LLP.
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION FOR EXTENSION OF TIME FOR
MENDES TO FILE RESPONSE; PROPOSED ORDER
Case No. 3:15-cv-03353 HSG

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