Estell v. McHugh

Filing 20

ORDER GRANTING 17 Stipulation re Amended Motion to Dismiss. Signed by Judge Maria-Elena James on 6/3/2016. (cdnS, COURT STAFF) (Filed on 6/3/2016)

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Plaintiff,
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v.
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JOHN MCHUGH, SECRETARY, U.S. ARMY, )
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Defendant.
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RT

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QUO VAT ESTELL,

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NO

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R NIA

TED

GRAN
4 ANN MARIE REDING (CABN 226864)
Assistant United States Attorney
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s
450 Golden Gate Avenue, Box 36055
na Jame
aria-Ele
San Francisco, California 94102-3495
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Judge M
Telephone: [phone]
FAX: [phone]
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[e-mail]
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D IS T IC T O
Attorneys for Defendant
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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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FO

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UNIT
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S DISTRICT
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1 BRIAN J. STRETCH (CABN 163973)
United States Attorney
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SARA WINSLOW (DCBN 457643)
3 Chief, Civil Division

Case No.: 3:15-cv-04898-MEJ
STIPULATION ALLOWING DEFENDANT
LEAVE TO FILE AMENDED MOTION TO
DISMISS

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Plaintiff Quo Vat Estell (“Plaintiff”) and Defendant Eric K. Fanning, Secretary, United States

20 Army (“Defendant”), by and through their respective counsel, make the following representations and
21 stipulate and agree as follows:
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1.

On May 31, 2016, Defendant filed a motion to dismiss Plaintiff’s First Amended

23 Complaint. Dkt. No. 15.
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2.

On June 3, 2016, Defendant contacted Plaintiff and indicated that there is a factual error

25 in Defendant’s motion which, once corrected, will eliminate one argument made in the motion.
26 Specifically, Plaintiff received her Notice of Right to File a Formal Complaint of Discrimination by
27 certified mail on April 1, 2014. Defendant’s motion currently states that Plaintiff received the Notice
28 document on March 26, 2014, as indicated in the Equal Employment Opportunity (“EEO”) Counselor’s
STIPULATION RE MTD
3:15-cv-04898-MEJ

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1 report, which is an error. Defendant wishes to withdraw the argument that Plaintiff’s Formal EEO
2 complaint was untimely filed. See Dkt. No. 15 at Section III(C)(1).
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3.

Based on the foregoing, the parties stipulate and agree that Defendant may file an

4 amended motion to dismiss on June 3, 2016 correcting the above-referenced fact and withdrawing the
5 affected argument. Defendant will not add any new argument to the amended motion.
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4.

Plaintiff will have the requisite fourteen days to oppose the amended motion, and

7 Defendant will have seven days to respond.
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5.

The parties stipulate and agree to a July 14, 2016 hearing date for the amended motion.

9 DATED: June 3, 2016

Respectfully submitted,

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___/s/ Maureen E. McFadden _______________
MAUREEN E. McFADDEN
Counsel for Plaintiff

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DATED: June 3, 2016

Respectfully submitted,

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BRIAN J. STRETCH
United States Attorney

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___/s/ Ann Marie Reding 1____________________
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendant

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I, Ann Marie Reding, hereby attest that I obtained the concurrence in the filing of this
document of all signatories whose signatures are represented by /s/.
STIPULATION RE MTD
3:15-cv-04898-MEJ

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