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U.S. Equal Employment Opportunity Commission v. Sutter Transfer Service

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 23, 2012

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
v.
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.


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