BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2700 Main (916) 554-2900 Facsimile Attorneys for the Secretary of the Army
STIPULATION FOR EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S SECOND AMENDED COMPLAINT; ORDER THERETO
Pursuant to Local Rule 144 of the United States District Court for the Eastern District of California, the Defendant the Secretary of the Army and the Department of the Army (collectively "Secretary"), and Plaintiff Roslyn McCoy, through their counsel, hereby enter into and submit the following stipulation.
1. On Friday, December 17, 2010, Plaintiff filed her Second Amended Complaint [D.E. 46]. Under Rules 6 and 12 of the Federal Rules of Civil Procedure, a response is due on or before January 4, 2010.
2. The undersigned counsel for the Secretary has an appellate brief which must be filed on or before December 31, 2010 in Yasin v. Coulter, et al., Appeal No. 10-15093. He will also be engaged in pretrial matters and preparing for trial in Pronechen v. Napolitano, Case No. 2:06-cv-01726-LEW. Trial is presently set to begin on January 18, 2011.
3. The Secretary will not have sufficient time to respond to Plaintiff's Second Amended Complaint on or before January 4, 2011, due to lack of availability for the Secretary's counsel.
4 An additional forty-five (45) days should be adequate time to prepare a response to Plaintiff's Second Amended Complaint.
5. Providing the Secretary additional time to respond does not affect any of the dates set forth in the Court's Status (Pretrial Scheduling) Order [D.E. 45].
Based on the foregoing, the parties hereby stipulate that Defendant the Secretary of the Army shall have an additional days (45) days to respond to Plaintiff's Second Amended Complaint, with his response due on or before January 31, 2011.
This matter came before the Court on the parties' Stipulation For An Extension Of Time To File A Response To Plaintiff's Second Amended Complaint. For the reasons stated in the Stipulation and for good cause showing under Rule 12 of the Federal Rules of Civil Procedure, the Court ADOPTS the Stipulation and GRANTS the relief requested therein.
Accordingly, IT IS HEREBY ORDERED THAT: The Secretary's response to Plaintiff's Second Amended Complaint is due on or before January 31, 2011. No dates as set forth in the Court's Status (Pretrial Scheduling) Order ...