Bruce v. United States of America

Filing 13

STIPULATION AND ORDER WITHDRAWING MOTION TO DISMISS, SETTING DEADLINE FOR RESPONSE TO COMPLAINT, AND CONTINUING CASE MANAGEMENT CONFERENCE, re 12 Stipulation, filed by United States of America. Motions terminated: 9 MOTION to Dismiss for Lack of Jurisdiction filed by United States of America. 11/22/2011 Case Management Conference continued to 12/13/2011 at 02:00 PM in Courtroom 5, 4th Floor, San Jose. Signed by Judge Paul S. Grewal on 11/2/2011. (ofr, COURT STAFF) (Filed on 11/2/2011)

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1 2 3 MELINDA HAAG (CSBN 132612) United States Attorney JOANN SWANSON (CSBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CSBN 154364) Assistant United States Attorney 4 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5082 FAX: (408) 535-5081 Claire.Cormier@usdoj.gov 5 6 7 8 Attorneys for Defendant United States of America 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 JOHN BRUCE, 14 Plaintiff, v. 15 16 UNITED STATES OF AMERICA, Defendant. 17 18 ) ) ) ) ) ) ) ) ) ) ) Case No. CV 11-03415 PSG STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTION TO DISMISS, SETTING DEADLINE FOR RESPONSE TO COMPLAINT, AND CONTINUING CASE MANAGEMENT CONFERENCE Based on plaintiff’s submissions in opposition to defendant’s currently pending motion to 19 20 dismiss, defendant has agreed to withdraw its motion, which is currently scheduled for hearing 21 on November 15, 2011. Accordingly, the parties hereby STIPULATE AND REQUEST as 22 follows. Defendant’s currently pending motion to dismiss is withdrawn. Defendant United States 23 24 of America will have to and including November 30, 2011 to answer, move, or otherwise 25 respond to the Complaint. The initial case management conference for this case, currently 26 scheduled for November 22, 2011, will be continued to December 13, 2011. 27 // 28 // STIPULATION RE MOTION, COMPLAINT RESPONSE, AND CMC -1Case No. CV11-3415 PSG 1 IT IS SO STIPULATED. Respectfully submitted, 2 3 DATED: November 1, 2011 LAW OFFICES OF EDWARD B. CHATOIAN 4 /s/ Edward B. Chatoian 5 EDWARD B. CHATOIAN Attorney for Plaintiff 6 7 DATED: November 1, 2011 MELINDA HAAG United States Attorney 8 /s/ Claire T. Cormier 9 By: 10 CLAIRE T. CORMIER1 Assistant United States Attorney 11 12 13 [PROPOSED] ORDER 14 15 IT IS SO ORDERED. 16 17 DATED: November _2_, 2011 18 _________________________________________ Paul S. Grewal United States Magistrate Judge 19 20 21 22 23 24 25 26 27 1 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. STIPULATION RE MOTION, COMPLAINT RESPONSE, AND CMC -2Case No. CV11-3415 PSG

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