BENJAMIN B. WAGNER United States Attorney JASON EHRLINSPIEL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2743 Facsimile: (916) 554-2900 Attorneys for Defendant United States of America
STIPULATION AND [PROPOSED] ORDER
Plaintiff MICAH GODFREY and Defendant the UNITED STATES OF AMERICA, of the above-entitled action, hereby agree and stipulate as follows:
1. In addition to other claims, Plaintiff has sued United States National Forest Service Rangers Travis Hall, Terry Harris, and Laura Bellasalma in their individual capacities for alleged violations of his rights under the United States Constitution.
2. Rangers Hall, Harris and Bellasalma are not currently represented by counsel, but they have submitted requests for representation to the United States Department of Justice. The requests remain pending at this time.
3. Plaintiff takes the position that Rangers Hall, Harris and Bellasalma have been properly served with the summons and complaint in this matter and that the deadline for any responsive pleading is on or before January 24, 2012. Counsel for the United States requested Plaintiff to extend the purported deadline for Rangers Hall, Harris and Bellasalma to file a responsive pleading 30 days to allow the Department of Justice to decide the pending requests for representation and for the individual defendants to obtain counsel. Plaintiff agreed to the request. Accordingly, Defendants Hall, Harris and Bellasalma's deadline to file a responsive pleading to Plaintiff's complaint, including but not limited to any defenses based on lack of service of process or insufficient service of process, shall be extended to February 24, 2012.
4. Additionally, the United States currently has a motion to dismiss pending. Docket Entry (DE") 37. Based on the Court's disposition of the motion, some or all of the claims pending against the United States might be dismissed, thus affecting whether or not the United States will need to file an answer and/or assert affirmative defenses. The motion is currently set for hearing on February 13, 2012. DE 37.
5. According to the Court's Scheduling Order, the parties are to serve initial disclosures pursuant to Fed. R. Civ. Pro. 26 by January 23, 2012. DE 32. In light of the United States' motion and the potential impact of the Court's disposition of the motion on the United States' potential Rule 26 disclosures, Plaintiff and the United States agree to extend the United States' deadline to file the disclosures until 10 days after the Court's disposition of the motion.
6. Plaintiff and the United States submit that this stipulation is based on good cause and not for the purpose of delay.
IT IS HEREBY ORDERED that:
1. The deadline for Defendants Travis Hall, Terry Harris and Laura Bellasalma to filing a response Plaintiff's complaint, including but not limited to any defenses based on lack of service of process or insufficient service of process, is extended to February 24, 2012;
2. The deadline for the United States to serve initial disclosures pursuant to Rule 26 is extended to 10 days after the Court issues a ruling on the ...