Ross et al v. The United States of America

Filing 29

ORDER GRANTING 28 STIPULATION TO EXTEND DEADLINE TO ANSWER COMPLAINT. Signed by Judge Edward J. Davila on 11/30/2017. (ejdlc2S, COURT STAFF) (Filed on 11/30/2017)

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1 BRIAN J. STRETCH (CABN 163973) United States Attorney 2 SARA WINSLOW (DCBN 457643) Chief, Civil Division 3 CLAIRE T. CORMIER (CABN 154364) Assistant United States Attorney 4 150 Almaden Boulevard, Suite 900 San Jose, California 95113 5 Telephone: (408) 535-5082 FAX: (408) 535-5081 6 7 Attorneys for Defendant 8 United States of America 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 DOUGLAS WAYNE ROSS, JR., NICOLE ROSS, and NEVILLE ROSS, individually and as Successors-In-Interest to DOUGLAS WAYNE ROSS, SR., decedent, Plaintiffs, 15 16 17 v. UNITED STATES OF AMERICA, ) ) ) ) ) ) ) ) ) ) CASE NO. 5:17-CV-02775-EJD STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEFENDANT’S ANSWER 18 Defendant. 19 On November 17, 2017, the Court issued an order granting in part and denying in part 20 defendant’s motion to dismiss. Accordingly, defendant’s answer would normally be due by December 1, 21 2017. Defendant’s counsel has requested, and plaintiff’s counsel has agreed, that defendant may have an 22 extension to December 15, 2017 to file its answer. This case is scheduled for a case management 23 conference on January 11, 2018, so counsel for the parties do not believe that this requested extension 24 will cause any delay in this case. 1 25 26 27 1 Counsel note that plaintiff’s counsel has indicated that the dismissed plaintiffs will be filing a new lawsuit soon, and that they anticipate seeking to consolidate the two actions. This may result in 28 some future delay in the existing case. STIPULATION AND [PROPOSED] ORDER EXTENDING ANSWER DEADLINE CASE NO. 5:17-CV-02775 EJD 1 1 For the foregoing reasons, the parties, through their counsel of record, HEREBY STIPULATE AND 2 REQUEST that the deadline for defendant’s answer to the complaint in this action be extended to December 3 15, 2017. 4 IT IS SO STIPULATED. 5 Respectfully submitted, 6 COTCHETT, PITRE & McCARTHY LLP /s/ Emanuel B. Townsend 7 Dated: November 29, 2017 By: NIALL P. McCARTHY PETE McCLOSKEY, JR. EMANUEL B. TOWNSEND Attorneys for Plaintiffs Douglas Wayne Ross, Jr., Nicole Ross, and Neville Ross 8 9 10 11 12 Dated: November 29, 2017 BRIAN J. STRETCH United States Attorney 13 /s/ Claire T. Cormier By: 14 15 CLAIRE T. CORMIER 2 Assistant United States Attorney 16 [PROPOSED] ORDER 17 IT IS SO ORDERED. 18 19 Dated: November 30 , 2017 EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE 20 21 22 23 24 25 26 27 28 2 I, Claire T. Cormier, hereby attest that I have been authorized to submit the electronic signatures indicated by a “conformed” signature (/s/) within this e-filed document. STIPULATION AND [PROPOSED] ORDER EXTENDING ANSWER DEADLINE CASE NO. 5:17-CV-02775 EJD 2

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