Su v. National Aeronautics and Space Administration et al

Filing 65

STIPULATION AND ORDER GRANTING 30-day extension to answer or otherwise respond re 64 Stipulation. Signed by Judge James Ware on 12/23/2009. (ecg, COURT STAFF) (Filed on 12/23/2009)

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TONY WEST Assistant Attorney General SUSAN K. RUDY Assistant Branch Director VESPER MEI (D.C. Bar #455778) Senior Counsel United States Department of Justice Civil Division Federal Programs Branch P.O. Box 883 Rm 7316 Washington, DC 20044 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants

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9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAIPING SU, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) NATIONAL AERONAUTICS AND ) SPACE ADMINISTRATION, an Agency ) of the United States; CHRISTOPHER ) SCOLESE, in his official capacity as Acting ) Administrator of NASA; SIMON PETER ) WORDEN, in his official capacity as ) Director of NASA Ames Research Center; ) ROBERT DOLCI, in an individual capacity ) and in his official capacity as Installation ) Security Chief at NASA Ames; ) REGINALD WADDELL, in an individual ) capacity and in his official capacity at ) NASA; FEDERAL BUREAU OF ) INVESTIGATION; ROBERT SWAN ) MUELLER III, in his official capacity as ) Director of the Federal Bureau of ) Investigation; SHERMAN KWOK, in an ) individual capacity and in his official ) capacity as an FBI Agent; TOM ROSS, in ) an individual capacity and in his official ) capacity at the FBI; and DOES -100, ) ) Defendants. ) ___________________________________ )

Case No. C09-02838 JW STIPULATION RE: 30-DAY EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFF'S COMPLAINT

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12/23/2009

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Pursuant to Civil L. R. 6-1(a), the parties to this action stipulate to extend by thirty days, or until January 29, 2010, the time within which the defendants1 may answer or otherwise respond to plaintiff's First Amended Complaint. If plaintiff files a Second Amended Complaint by January 15, 2010, the parties stipulate that defendants may have until February 16, 2010 to answer or otherwise respond. Good cause exists for this extension because on December 16, 2009, this Court entered an Order granting in part and denying in part defendants' Motion to Dismiss. In that Order, the Court directed that plaintiff file any amendment to his complaint by January 15, 2010. If plaintiff does not file a Second Amended Complaint, defendants' answer or other response to plaintiff's First Amended Complaint is currently due on December 30, 2009, before plaintiff's amended complaint would be due. It would not be an efficient use of resources for defendants to answer plaintiff's First Amended Complaint and then be required to further respond if plaintiff then filed a Second Amended Complaint. In addition, defendants require this extension because of the Christmas holiday and the vacation schedules of counsel for defendants. Finally, if plaintiff files a Second Amended Complaint, defendants will require the additional time in order to review the legal and factual bases underlying the Second Amended Complaint filed by plaintiff and determine the appropriate response. This change will not alter the date of any event or any deadline already fixed by Court order.

Dated: December 22, 2009

/s/ Vesper Mei TONY WEST Assistant Attorney General SUSAN K. RUDY Assistant Branch Director

Does 1-100 have not yet been identified or served, and no response is yet due from them. Accordingly, this stipulation should not be construed to apply to them.
Stipulation re: 30 Day Extension of Time to Answer or Otherwise Respond to Complaint PAGE 2

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