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Cooley v. California Statewide Law Enforcement Association, 2:18-cv-02961-JAM-AC. (2019)

Court: District Court, E.D. California Number: infdco20190211915 Visitors: 8
Filed: Feb. 08, 2019
Latest Update: Feb. 08, 2019
Summary: STIPULATION FOR EXTENSION OF TIME FOR STATE DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; [PROPOSED] ORDER JOHN A. MENDEZ , District Judge . Plaintiff Terry Cooley and Defendants Xavier Becerra, in his official capacity as Attorney General of the State of California, and Eric Banks, Priscilla Winslow, and Erich Shiners, in their official capacities as members of the Public Employment Relations Board 1 (collectively, the "State Defendants"), 2 through their undersigned counsel, h
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STIPULATION FOR EXTENSION OF TIME FOR STATE DEFENDANTS TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT; [PROPOSED] ORDER

Plaintiff Terry Cooley and Defendants Xavier Becerra, in his official capacity as Attorney General of the State of California, and Eric Banks, Priscilla Winslow, and Erich Shiners, in their official capacities as members of the Public Employment Relations Board1 (collectively, the "State Defendants"),2 through their undersigned counsel, hereby stipulate as follows:

1. Plaintiff filed this action on November 13, 2018;

2. The State Defendants waived formal service of process of the complaint and summons, thereby making their response due on February 11, 2019;

3. Plaintiff intends to file an amended complaint in approximately one week;

4. Given that the deadline for the State Defendants' responsive pleading will fall shortly before or soon after the date that Plaintiff will file an amended complaint, the stipulating parties agree to conserve the resources of the parties and of this Court by extending the deadline for the State Defendants to answer or otherwise respond until after Plaintiff files an amended complaint;

5. The stipulating parties further agree to extend the time for the State Defendants to file an answer or other response to the amended complaint, such that the State Defendants shall have forty-five days after filing and service of the amended complaint to file and serve their response to the amended complaint.

6. This agreement is the parties' first stipulation for an extension of time to file a responsive pleading.

IT IS SO STIPULATED.

ORDER

Having reviewed and considered the foregoing stipulation, and good cause appearing, the time for the State Defendants to file and serve an answer or other response to the operative complaint is extended to forty-five days after Plaintiff files and serves an amended complaint.

IT IS SO ORDERED.

FootNotes


1. Priscilla Winslow's term on the Public Employment Relations Board expired on December 31, 2018.
2. Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Governor Gavin Newsom is automatically substituted as a defendant in this matter in place of his predecessor, Edmund G. Brown Jr. However, the Governor has since been dismissed from this lawsuit. (ECF No. 46.)
Source:  Leagle

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