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John Timothy Perez v. D. Nguyen

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 4, 2013

JOHN TIMOTHY PEREZ,
PLAINTIFF,
v.
D. NGUYEN, ET AL.
DEFENDANTS

The opinion of the court was delivered by: Honorable Judge Jeffrey S. White United States District Judge

JOINT STIPULATION AND [PROPOSED] ORDER TO EXTEND PERIOD TO FILE ACCEPTANCE OR DECLINATION OF MAGISTRATE JUDGE

Action Filed: October 16, 2009

Pursuant Civil Local Rules 7-12 of the United States District Court for the Northern District 25 of California, the Parties to the above entitled action, Dr. Duc Nguyen ("Defendant") and John 26 Timothy Perez ("Plaintiff") (collectively referred to as the "Parties"), by and through their 27 undersigned counsel, hereby stipulate and agree as follows: 28

WHEREAS, on January 25, 2013, the Court ordered the Parties to submit a joint consent or 2 declination for reassignment to a Magistrate Judge for all purposes by February 1, 2013.

WHEREAS, Counsel for both parties have contacted their client inquiring about whether to accept or decline reassignment to a Magistrate Judge.

WHEREAS, Plaintiff currently resides in Pelican Bay State Prison, and is unable to communicate with Counsel, other than via U.S. Mail.

WHEREAS, at this time, Plaintiff's counsel has been unable to adequately confer with their

Plaintiff regarding whether to consent to or decline reassignment to a Magistrate Judge.

WHEREAS, the Parties request a two-week extension to file a joint consent or declination for reassignment to a Magistrate Judge for all purposes.

THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY REQUEST THAT THE COURT ORDER that the February 1, 2013 deadline to file a joint consent or declination for reassignment to a Magistrate Judge be continued to February 15, 2013.

DATED: February 1, 2013 SEYFARTH SHAW LLP By /s/ Francis Ortman, Esq. Ari Hersher, Esq. Matthew Mason, Esq. Courtney Bohl, Esq. 20 Attorneys for Plaintiff John Timothy Perez 21 22 23 Dated: February 1, 2013 ANDRADA & ASSOCIATES 24 25 By ______________/s/ MATTHEW W. ROMAN 26 Attorney for Defendant DUC NGUYEN, M.D.

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

The February 1, 2013 deadline to file a joint consent or declination for reassignment to a Magistrate Judge is hereby continued to February 15, 2013.

IT IS SO ORDERED.

20130204

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