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McCoy v. Dep't of the Army Corps-Army Corps of Engineers

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 14, 2010

ROSLYN G. MCCOY, PLAINTIFF,
v.
DEPARTMENT OF THE ARMY CORPS-ARMY CORPS OF ENGINEERS AND THE HONORABLE JOHN M. MCHUGH, SECRETARY OF THE ARMY, COLLECTIVELY, DEFENDANTS.

The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge

STIPULATION TO PERMIT THE SECRETARY TO FILE ANSWER; ORDER THERETO

Plaintiff Roslyn McCoy, and Defendant John M. McHugh, Secretary of the Army ("Secretary"), through their respective counsel, hereby respectfully submit the following stipulation to permit the Secretary to file his Answer to Plaintiff's First Amended Complaint.

RECITALS

1 On June 8, 2010, the Court entered an order permitting Plaintiff to file a First Amended Complaint. The Secretary was provided twenty (20) days to file a responsive pleading.

2. On June 17, 2010, Plaintiff filed her First Amended Complaint. Pursuant to the Court's June 8, 2010 order, the Secretary's responsive pleadings was due on or before July 1, 2010.

3. Due to a calendaring error, the undersigned did not track the date for filing responsive pleadings. No responsive pleading was filed within the time set by the Court.

4. On September 2, 2010, in the course of reviewing the file for this case, the undersigned counsel for the Secretary realized his error and prepared an answer to the First Amended Complaint, a copy of which is attached hereto as Exhibit A. On September 2, 2010, the undersigned counsel for the Secretary contacted counsel for Plaintiff about this error.

5. The Secretary has raised no affirmative defenses that were not otherwise raised in his answer to Plaintiff's original complaint. Nor has the Secretary changed his responses to any substantive allegations.

6. The parties agree that it is in the interests of justice to permit the Secretary to file his Answer to the First Amended Complaint. The filing of the Answer does not alter any deadlines or otherwise impact the Court's schedule for this case.

STIPULATION AND REQUEST

Based on the foregoing, the parties hereby stipulate and request that the Secretary be permitted to file the attached Answer.

IT IS SO STIPULATED.

BENJAMIN B. WAGNER United States Attorney

Date: September 3, 2010

By: TODD A. PICKLES Assistant United States Attorney Attorneys for Secretary of the Army

By: JOHN OTA Attorney for Plaintiff

ORDER

This matter came before the Court on the parties' Stipulation To Permit The Secretary To File Answer. For the reasons stated in the Stipulation and for good cause showing, the Court ADOPTS the Stipulation and GRANTS the relief requested therein.

Accordingly, IT IS HEREBY ORDERED THAT the Secretary is permitted to file the Answer attached as Exhibit A to the Stipulation. Such answer shall be filed within three (3) court days of entry of this Order.

IT IS SO ORDERED.

20100914

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