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Murphy v. US Forest Service

United States District Court, E.D. California

February 25, 2014

DENNIS D. MURPHY Plaintiff,
v.
UNITED STATES FOREST SERVICE; TOM TIDWELL, in his official capacity as Chief of the United States Forest Service; and NANCY J. GIBSON, in her official capacity as Forest Supervisor of the United States Forest Service, Defendants

BENJAMIN B. WAGNER, United States Attorney, GREGORY T. BRODERICK, Assistant United States Attorney, Sacramento, CA, Attorneys for Defendants.

Paul S. Weiland Attroney for Plaintiff.

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT

GARLAND E. BURRELL, Jr., District Judge.

Plaintiff served its Complaint in this matter on November 13, 2013. Pursuant to Federal Rule of Civil Procedure 4(i), Defendants' responsive pleading was due on January 13, 2014. The parties stipulated to an extension of 15 days, up to and including January 28, 2014, for Defendants to respond. In submitting the Joint Status Report, Plaintiff indicated that he would amend their Complaint to add claims, and filed a First Amended Complaint on February 6, 2014. (Dkt. No. 13) Defendants' response is presently due on or about February 20, 2014. The Court entered a Scheduling Order in this matter requiring Plaintiff to file a motion for summary judgment on or before September 22, 2014, and Defendants' to file any cross-motion by October 20, 2014. (Dkt. No. 14).

Since the filing of the Joint Status Report, the parties have engaged in settlement talks and have exchanged drafts of a written term sheet. Although there are still areas of disagreement, the parties have advanced discussions considerably and anticipate that a resolution may be possible without further litigation. Resolution without further use of the Court's resources would appear to be good cause to further extend the time for Defendants to respond to Plaintiff's First Amended Complaint.

Wherefore, pursuant to Local Rule 144, the parties hereby stipulate, through undersigned counsel of record, to an extension of approximately sixty (60) days for Defendants to respond to Plaintiff's First Amended Complaint up to and including April 8, 2014. This should permit the parties sufficient time to either resolve the matter, or to determine that resolution is impractical and to move forward with litigation. No other dates in the Scheduling Order need be extended or modified to accommodate this extension.

IT IS SO ORDERED.


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