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Rosales v. Dutschke, 2:15-cv-1145 KJM KJN. (2016)

Court: District Court, E.D. California Number: infdco20160606610 Visitors: 10
Filed: Jun. 02, 2016
Latest Update: Jun. 02, 2016
Summary: STIPULATION AND ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT AND RESPONSIVE PLEADING KIMBERLY J. MUELLER , District Judge . Through undersigned counsel, the parties hereby stipulate and propose to permit the filing of the Second Amended Complaint (Dkt. No. 52), and to continue the due date for the responsive pleading by all defendants to July 1, 2016. On May 3, 2016, this Court dismissed Plaintiffs' complaint but permitted an amended complaint to be filed on or before May 23, 2016. (
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STIPULATION AND ORDER REGARDING FILING OF SECOND AMENDED COMPLAINT AND RESPONSIVE PLEADING

Through undersigned counsel, the parties hereby stipulate and propose to permit the filing of the Second Amended Complaint (Dkt. No. 52), and to continue the due date for the responsive pleading by all defendants to July 1, 2016. On May 3, 2016, this Court dismissed Plaintiffs' complaint but permitted an amended complaint to be filed on or before May 23, 2016. (See Dkt. No. 49). On May 20, 2016, Plaintiffs filed a First Amended Complaint ("FAC"). (See Dkt. No. 50). On May 23, 2016, Plaintiffs filed a Second Amended Complaint, which was similar to the FAC but dismissed one of the claims. Plaintiffs appear to have served Defendants Amy Dutschke and John Rydzik on or about May 26, 2016, thus making their responsive pleading due July 25, 2016, because they are both federal employees. See Fed. R. Civ. App. 12(a)(3). Other defendants, who had previously been served, have a responsive pleading deadline of June 6, 2016. See Fed. R. Civ. App. 15(a)(3).

Defendants Dutschke and Rydzik are officials employed by the Bureau of Indian Affairs, and have requested individual-capacity representation by the Department of Justice. See 28 C.F.R. § 50.15. Although the full package requesting representation has been submitted to the Constitutional Torts branch of the Department's Civil Division, this process will take some time to complete. In light of that pending request and the history of this action, the parties believe that it would be more efficient for all defendants to file their responsive pleadings at the same time. Therefore, the parties hereby stipulate, and propose as follows:

1. That Plaintiffs' Second Amended Complaint (Dkt. No. 52) be filed; and

2. That all defendants shall respond to that Complaint on or before July 1, 2016. Good cause appearing, IT IS SO ORDERED.

Source:  Leagle

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