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Thomas Ludavico, Sr., Thomas Ludavico v. Sacramento County

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 25, 2011

THOMAS LUDAVICO, SR., THOMAS LUDAVICO, JR.; ASHLEY LUDAVICO, PLAINTIFFS,
v.
SACRAMENTO COUNTY, A GOVERNMENT ENTITY; SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, A PUBLIC ENTITY; JOHN MCGINNESS, AN INDIVIDUAL; ELK GROVE UNIFIED SCHOOL DISTRICT, A PUBLIC ENTITY; COMPLAINT FILED: 06/24/2008 DANIEL ZUNIGA, AN INDIVIDUAL; ADRIAN 2ND CORRECTED 2ND AMENDED COMPLAINT ZUNIGA, AN INDIVIDUAL; JIM ROSE, AN FILED: 08/05/2011 INDIVIDUAL; DEPUTY POWE, AN INDIVIDUAL; DEPUTY MUELLER, AN INDIVIDUAL; DEPUTY SCHANAP, AN INDIVIDUAL; AND DOES 1 TO 50, INCLUSIVE, DEFENDANTS.

SUPPLEMENTAL STIPULATION AND ORDER TO EXTEND TIME FOR DEFENDANTS TO FILE A RESPONSE TO PLAINTIFFS' SECOND CORRECTED SECOND AMENDED COMPLAINT

Pursuant to Local Rule 144(a), it is hereby stipulated and agreed by and between Plaintiffs THOMAS LUDAVICO, SR., THOMAS LUDAVICO, JR., AND ASHLEY LUDAVICO and Defendants SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, JOHN MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEXTER POWE, MICHAEL HELLER, BRETT SCHANNEP, GREG HANKS, CHRIS MORA, JOHN SYDOW, and CHRIS WEIGHTMAN, by and through their respective undersigned counsel, that Defendants may have until September 30, 2011 to respond to Plaintiffs' Second Corrected Second Amended Complaint [Docket No. 68].

The parties filed a similar stipulation requesting an extension to August 29, 2011 so they could focus their time and resources on the Voluntary Dispute Resolution Program (VDRP) Session scheduled for August 24, 2011 [Docket No.70]. The Court granted that request by Order dated August 19, 2011 [Docket No. 71].

On August 23, 2011, the day before the scheduled VDRP Session, the VDRP Neutral, Mr. Mark Wasser, advised that he had an emergency and would have to reschedule the Session. The VDRP Session is now rescheduled for September 22, 2011. Therefore, the parties respectfully request a further extension of time, giving Defendants until September 30, 2011 to respond to Plaintiffs' Second Corrected Second Amended Complaint. If that session does not result in a settlement, Defendants will move forward with filing their responsive pleading.

IT IS SO STIPULATED

Dated: August 25, 2011 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Michael W. Pott Michael W. Pott Derek J. Haynes Attorneys for Defendants Dated: August 25, 2011 By: /s/ William E. Bonham (authorized 08/25/11) William E. Bonham Attorney for Plaintiffs

ORDER

This Court, having considered the parties stipulation, orders that Defendants SACRAMENTO COUNTY, SACRAMENTO COUNTY SHERIFF'S DEPARTMENT, JOHN MCGINNESS, DANIEL ZUNIGA, ADRIAN ZUNIGA, DEXTER POWE, MICHAEL HELLER, BRETT SCHANNEP, GREG HANKS, CHRIS MORA, JOHN SYDOW, and CHRIS WEIGHTMAN may have until September 30, 2011 to file a responsive pleading to Plaintiffs' Second Corrected Second Amended Complaint.

IT IS SO ORDERED.

20110825

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