UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 23, 2012
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
SUTTER TRANSFER SERVICE, INC. AND
FIVEWAY, LLC DEFENDANTS.
JOINT STIPULATION AND ORDER
Complaint Filed: 09/29/12 First Amended Complaint Filed: 05/10/12
The U.S. Equal Employment Opportunity Commission (hereinafter "EEOC")
filed a First Amended Complaint on May 10, 2012, naming, for the first
time, FIVEWAY, LLC (hereinafter
"FIVEWAY") as an additional Defendant to this action.*fn1
[Docket No. 17] Thereafter, the parties filed a Joint
Stipulation asking the Court to continue the deadline for FIVEWAY to
respond to the First Amended Complaint so the parties could resume
settlement discussions in hopes of resolving the matter without
incurring potentially unnecessary fees and costs associated with
responding to the First Amended Complaint. The Court granted that
request by Order dated September 4, 2012. [Docket No.31] Pursuant to
that Order, FIVEWAY's response to the First Amended Complaint is due
on October 19, 2012.
Since that time, the parties have reached an agreement in principle that will resolve this matter in its entirety. The consent decree is being finalized and should be on-file shortly. Thereafter, the parties will file the requisite dispositive documents. To allow the parties sufficient time to complete that process and to avoid incurring unnecessary litigation costs, the parties hereby stipulate and respectfully request that the Court continue the deadline for FIVEWAY to respond to the First Amended Complaint. Therefore, the parties stipulate and respectfully request that the Court:
1. Continue the deadline for FIVEWAY, LLC to respond to the First Amended Complaint to November 16, 2012.
IT IS SO STIPULATED.
Dated: October 16, 2012 PORTER SCOTT A PROFESSIONAL CORPORATION By /s/ Derek J. Haynes______________ Carl L. Fessenden Derek J. Haynes Attorneys for Defendant FIVEWAY, LLC Dated: October 16, 2012 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By /s/ Marcia L. Mitchell (authorized 10/16/12) Marcia L. Mitchell Attorney for Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
IT IS SO ORDERED.