The opinion of the court was delivered by: Hon. Sandra M. Snyder Chief Magistrate Judge
STIPULATION TO CONTINUE BRIEFING OF OPPOSITION AND REPLY TO THE DEFENDANT'S MOTION TO DISMISS UNDER FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) FOR 30 DAYS; ORDER
WHEREAS, counsel to the plaintiff has been advised that the plaintiff in that certain litigation styled, Marley v. United States, 567 F.3d 1030 (9th Cir. June 1, 2009), intends to seek review of the Ninth Circuit's decision through the filing of a Petition for Writ of Certiorari with the United States Supreme Court; and
WHEREAS, the last day to file the Petition for Writ of Certiorari with the United States Supreme Court is August 31, 2009, 90 days following the date of the Marley decision; and
WHEREAS, counsel to plaintiff and defendant have met and conferred about this development and have agreed to continue further briefing concerning defendant's motion filed under rule 12(b)(6) for a period of 30 days, to permit time to review and analyze the Petition for Writ of Certiorari.
WHEREFORE, plaintiff and defendant, by and through their counsel, stipulate as follows:
1. The plaintiff's opposition to the defendants' rule 12(b)(6) motion shall be filed on or before September 21, 2009;
2. The defendant's reply shall be filed on or before October 5, 2009
JAMES J. BANKS Attorneys for Plaintiff BESSIE IRENE WALTZ
McGREGOR W. SCOTT United States Attorney
E. ROBERT WRIGHT Assistant ...