September 20, 2013
JESUS GONZALEZ, Plaintiff,
UNITED STATES DEPARTMENT OF JUSTICE, Defendant.
BENJAMIN B. WAGNER, United States Attorney, HEATHER MARDEL JONES, Assistant United States Attorney, Fresno, California, Attorneys for United States of America.
RODNEY RUSC, Jr., Attorney for Plaintiff Jesus Gonzalez.
STIPULATION AND ORDER TO VACATE HEARING AND TO EXTEND DEADLINE TO FILE REPLY PAPERS ADDITIONAL COURT LANGUAGE ADDED
LAWRENCE J. O'NEILL, District Judge.
It is hereby stipulated by and between the United States and Plaintiff Jesus Gonzalez, by and through their respective attorneys, as follows:
1. On April 22, 2013, Plaintiff Jesus Gonzalez filed the instant complaint. Jesus Gonzalez v. United States Department of Justice, 1:13-CV-00575-LJO-SKO, Complaint, ECF No. 7.
2. On August 22, 2013, the United States filed its Motion to Dismiss. Motion to Dismiss, ECF No. 11.
3. On September 13, 2013, Plaintiff Jesus Gonzalez filed his Response to the United States' Motion to Dismiss. Response to Motion to Dismiss, ECF No. 14.
4. The extension of time is requested due to the press of business and current commitments by the United States, and in particular, the United States is currently preparing an opposition to a lengthy and complex matter, in case Nottoli et. al., v. United States, 1:13-MC-00049-BAM, due on the same date at the instant Reply is due (September 27, 2013). As such, the parties have stipulated and agreed to re-set the currently scheduled hearing and extend the time in which the United States is to file its Reply to Plaintiff's Response to the Motion to Dismiss.
5. For these reasons, the parties jointly agree and stipulate to the following new dates:
6. Additionally, given the current posture of the case, with a dispositive Motion to Dismiss pending, the parties jointly request that the currently scheduled Mandatory Scheduling Conference, set on Friday September 27, 2013, be vacated and reset, if necessary, upon the resolution of the pending Motion to Dismiss.
Based on the parties' stipulation, this Court:
1. VACATES the October 4, 2013 hearing on the Government's motion to dismiss and ELECTS not to reset the hearing; and
2. ORDERS the Government, no later than October 18, 2013, to file and serve reply papers.
Pursuant to its practice, this Court will consider the Government's motion to dismiss on the record without oral argument and issue a written order. See Local Rule 230(g).
IT IS SO ORDERED.