Alcaraz et al v. Napolitano et al

Filing 13

STIPULATION AND ORDER re 12 STIPULATION WITH PROPOSED ORDER re 1 Complaint, Second Stipulation to Extend Time for Defendants to Answer or Otherwise Plead filed by Alan Bersin, Timothy S. Aitken, John Morton, Eric Holder, John Kerry, Janet Napolitano. Signed by Judge ARMSTRONG on 4/12/13. (lrc, COURT STAFF) (Filed on 4/12/2013)

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STUART F. DELERY
Acting Assistant Attorney General
DAVID J. KLINE
Director, Office of Immigration Litigation, District Court Section
LANA L. VAHAB (DC 976203)
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
Ben Franklin Station, P.O. Box 868
Washington, DC 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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BERNAVE ALCARAZ, et al.,
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Plaintiffs,
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vs.
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JANET NAPOLITANO, et al.,
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Defendants.
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No.: C 13-511 SBA
SECOND STIPULATION TO EXTEND
TIME WITHIN WHICH THE
DEFENDANTS MUST FILE AN ANSWER
OR OTHERWISE RESPOND and ORDER

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SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS TO ANSWER
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Plaintiffs, by and through their attorney of record, and Defendants, by and through their
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attorneys of record, hereby stipulate, subject to the approval of the Court, to an extension of time
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within which the Defendants must serve their answer, or other responsive pleading to the
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complaint. In support thereof, the parties state as follows:
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1. Plaintiffs filed the instant complaint for money damages on February 5, 2013. (ECF No.
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1.)
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2. Plaintiffs properly effectuated service on those Defendants sued in their official
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capacities on February 7, 2013.
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SECOND STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND
CASE NO. C 13-CV-511-SBA

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3. According to Fed. R. Civ. P. 12(a)(3), Defendants’ original deadline to answer or

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otherwise respond to the complaint is April 8, 2013. Pursuant to the Parties’ Stipulation to

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Extend Time (ECF No. 11), this original deadline was extended to April 12, 2013.

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4. On April 10, 2013, after a discussion with Defendants’ counsel, counsel for Plaintiffs

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informed Defendants’ counsel that he plans to file an amended complaint in this action by

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approximately April 19, 2013.

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5. In the interest of judicial economy, the parties agree that Defendants will not respond to

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Plaintiffs’ original complaint, but will instead wait for Plaintiffs to file their First Amended

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Complaint and will then respond in accordance with the time allotted by Fed. R. Civ. P. 15(a)(3).

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6. The undersigned contacted Plaintiffs’ counsel, H. Nelson Meeks, by e-mail on April 11,
2013, regarding this stipulation. Mr. Meeks indicated that he agreed to this stipulation.

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Dated: April 11, 2013

Respectfully submitted,

STUART F. DELERY
Acting Assistant Attorney General

/s/ Lana L. VAHAB
LANA L. VAHAB
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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DAVID J. KLINE
Director

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Attorneys for Defendants
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/s/ H. Nelson Meeks (with permission)
H. NELSON MEEKS
Law Office of H. Nelson Meeks
870 Market Street
Suite 700
San Francisco, CA 94102
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

Dated: April 11, 2013
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Attorney for Plaintiffs
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SECOND STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND
CASE NO. C 13-CV-511-SBA

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ORDER

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Pursuant to Stipulation, IT IS SO ORDERED.
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DATE: 4/12/13

__________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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SECOND STIPULATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND
CASE NO. C 13-CV-511-SBA

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