Abouelhassan v. The United States of America (A U.S. Government) et al

Filing 16

ORDER re 15 Stipulation filed by The United States of America. Initial Case Management Conference set for 4/1/2009 02:30 PM. Signed by Judge Richard Seeborg on 12/1/08. (rssec, COURT STAFF) (Filed on 12/1/2008)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CSBN 154364) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: [phone] FAX: [phone] [e-mail] Attorneys for Federal Defendants

*E-FILED 12/1/08*

8 9 10 11 12 Mohamed Abouelhassan, 13 Plaintiff, 14 v. 15 United States, et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) Case No. C 08-03774 RS STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONSE TO COMPLAINT, CONSENTING TO MAGISTRATE, AND SCHEDULING CASE MANAGEMENT CONFERENCE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

The parties to this action, through their counsel of record, hereby stipulate that defendants may have an extension of time to and including December 30, 2008, to answer, move, or otherwise respond to the complaint. Defendants currently anticipate filing a motion to dismiss. In addition, in accordance with the provisions of Title 28, U.S.C. Section 636(c), all parties hereby voluntarily consent to have a United States Magistrate Judge conduct any and all further proceedings in this case, including trial, and order the entry of a final judgment. Appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit. This case was recently deemed related to a previously filed case, Mohamed Abouelhassan v. Allison, et al., Case No. C07-4038 RS, which has been stayed. Accordingly, the previously scheduled case management conference was vacated. The parties request that the

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initial case management conference for the instant case be scheduled in approximately 120 days to allow for a hearing on defendants' expected motion to dismiss. IT IS SO STIPULATED. Respectfully submitted,

5 DATED: November 26, 2008 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Claire T. Cormier, hereby attest that I have on file all holographic signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. -21

JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier1 CLAIRE T. CORMIER Assistant United States Attorney

DATED: November 25, 2008 /s/ Mark Malachowski MARK MALACHOWSKI Attorney for Plaintiff [PROPOSED] ORDER Pursuant to the stipulation of the parties, the deadline for defendants to answer, move, or otherwise respond to plaintiff's complaint is extended to December 30, 2008. The initial case April 1 management conference will take place on ____________________________, 2009 at 2:30 p.m. A Joint Case Management Statement is due seven calendar days before the conference. IT IS SO ORDERED.

December 1 DATED: _____________________, 2008

________________________________________ RICHARD SEEBORG UNITED STATES MAGISTRATE JUDGE