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Mercardo v. United States

United States District Court, Ninth Circuit

December 26, 2013

SAMUEL MERCARDO; DONALD GAYLE; JESUS RAMOS; JESUS ANDRADE; GILBERTO GONZALEZ BETANCOURT; WANNA WIN; MUSA GOWON; JOSE PORTILLO MAYORGA; VICTOR MARTINEZ; JORGE RIVERA-VALLEJO; EDGAR PRADO CASTANEDA; GONZALO CISNEROS REYES; LUCIO PALOMARES; and HECTOR BAZAN, Plaintiffs,
v.
THE UNITED STATES OF AMERICA, FEDERAL BUREAU OF PRISONS, MANAGEMENT & TRAINING CORPORATION (MTC); MICHAEL BENOV and JOHN DOES 1-50, Defendants.

BENJAMIN B. WAGNER, United States Attorney, ALYSON A. BERG, Assistant United States Attorney, Fresno, California, Attorneys for Defendant.

LAW OFFICES OF PAUL L. ALAGA, HIGGINBOTHAM LAW GROUP LAW OFFICES OF IAN KELLEY Paul L. Alaga, Edward M. Higginbotham, Ian B. Kelley, Attorneys for Plaintiffs.

BURKE, WILLIAMS & SORENSEN LLP, Susan E. Coleman, Attorney for Defendant Management & Training Corporation (MTC).

STIPULATION AND ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

BARBARA A. McAULIFFE, Magistrate Judge.

Plaintiffs SAMUEL MERCARDO; DONALD GAYLE; JESUS RAMOS; JESUS ANDRADE; GILBERTO GONZALEZ BETANCOURT; WANNA WIN; MUSA GOWON; JOSE PORTILLO MAYORGA; VICTOR MARTINEZ; JORGE RIVERA-VALLEJO; EDGAR PRADO CASTANEDA; GONZALO CISNEROS REYES; LUCIO PALOMARES; and HECTOR BAZAN ("Plaintiffs "), Defendant UNITED STATES ("United States"), and Defendants MANAGEMENT & TRAINING CORPORATION (MTC) and MICHAEL BENOV, stipulate, by and through the undersigned counsel, to extend the deadline for all Defendants to respond to the complaint to and including January 13, 2014.

The parties base this stipulation on good cause, which includes the need for defendants to review the allegations in the complaint and respond accordingly. Specifically, there are fourteen (14) plaintiffs with individualized dates of incarceration and alleged diagnosis whose records must be reviewed for jurisdictional defenses, among other defenses, that may be asserted by the United States. As to MTC and Warden Benov, the same materials must be reviewed and analyzed under the law applicable to them. Accordingly, the parties stipulate and agree to continue the time for the Defendants to file a responsive pleading to the complaint, and base it on the above-stated good cause.

ORDER

Having reviewed the stipulation submitted by the parties, the court hereby extends the time for the Defendants to respond to the complaint to and including January 13, 2014.

IT IS SO ORDERED.


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