Filed: Apr. 08, 2019
Latest Update: Apr. 08, 2019
Summary: JOINT STIPULATION BETWEEN PLAINTIFF AND DEFENDANT ALTA CALIFORNIA REGIONAL CENTER RE FILING OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND ALTA CALIFORNIA REGIONAL CENTER'S ANSWER TO SAME AND ORDER KIMBERLY J. MUELLER , District Judge . I. INTRODUCTION The parties, Plaintiff KIMIKO P., a conserved adult; by and through her conservators MARIKO PESHON MCGARRY, RANDOLF PESHON, AND TERESA PESHON (hereinafter "Plaintiff") and Defendant ALTA CALIFORNIA REGIONAL CENTER (hereinafter "Defendants"),
Summary: JOINT STIPULATION BETWEEN PLAINTIFF AND DEFENDANT ALTA CALIFORNIA REGIONAL CENTER RE FILING OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND ALTA CALIFORNIA REGIONAL CENTER'S ANSWER TO SAME AND ORDER KIMBERLY J. MUELLER , District Judge . I. INTRODUCTION The parties, Plaintiff KIMIKO P., a conserved adult; by and through her conservators MARIKO PESHON MCGARRY, RANDOLF PESHON, AND TERESA PESHON (hereinafter "Plaintiff") and Defendant ALTA CALIFORNIA REGIONAL CENTER (hereinafter "Defendants"), t..
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JOINT STIPULATION BETWEEN PLAINTIFF AND DEFENDANT ALTA CALIFORNIA REGIONAL CENTER RE FILING OF PLAINTIFFS' FIRST AMENDED COMPLAINT AND ALTA CALIFORNIA REGIONAL CENTER'S ANSWER TO SAME AND ORDER
KIMBERLY J. MUELLER, District Judge.
I.
INTRODUCTION
The parties, Plaintiff KIMIKO P., a conserved adult; by and through her conservators MARIKO PESHON MCGARRY, RANDOLF PESHON, AND TERESA PESHON (hereinafter "Plaintiff") and Defendant ALTA CALIFORNIA REGIONAL CENTER (hereinafter "Defendants"), through their respective attorneys of record, hereby jointly stipulate the time period of Defendant to file a responsive pleading in this matter shall be extended for the reasons set forth below.
II.
RECITALS/GROUNDS FOR RELIEF
WHEREAS Plaintiff filed her original complaint on January 9, 2019;
WHEREAS Plaintiff served her original complaint on Defendant via Substituted Service on March 7, 2019;
WHEREAS Defendant's responsive pleading to the original complaint was due to be filed no later than March 28, 2019 pursuant to Federal Rules of Civil Procedure; and
WHEREAS Plaintiff intends to file a First Amended Complaint no later than April 18, 2019.
The parties, by and through their respective counsel, agree and stipulate to the following:
1. Defendant Alta California Regional Center will not be required to file a responsive pleading to the original complaint at this time due to the impending First Amended Complaint;
2. Defendant Alta California Regional Center will file a responsive pleading to the First Amended Complaint within the time limits proscribed by Federal Rules of Civil Procedure, Rule 12 after Plaintiff files and serves the amended complaint;
3. Plaintiff will not seek to enter default judgment against Defendant Alta California Regional Center pursuant to Federal Rules of Civil Procedure, Rule 55, or any other mechanism, based on any alleged failure by Defendant Alta California Regional Center to respond to the original complaint.
ORDER
1. The court finds good cause to enter the following order:
a. Defendant Alta California Regional Center will not be required to file a responsive pleading to the original complaint at this time due to the impending First Amended Complaint;
b. Defendant Alta California Regional Center will file a responsive pleading to the First Amended Complaint within the time limits proscribed by Federal Rules of Civil Procedure, Rule 12 after Plaintiff files and serves the amended complaint; and,
c. Plaintiff will not seek to enter default judgment against Defendant Alta California Regional Center pursuant to Federal Rules of Civil Procedure, Rule 55, or any other mechanism, based on any alleged failure by Defendant Alta California Regional Center to respond to the original complaint.
IT IS SO ORDERED.
