Filed: Jan. 05, 2016
Latest Update: Jan. 05, 2016
Summary: STIPULATION AND ORDER TO EXTEND DEFENDANT COUNTY OF SACRAMENTO'S TIME TO RESPOND TO THE COMPLAINT JOHN A. MENDEZ , District Judge . WHEREAS on May 26, 2015, an action was commenced in the Superior Court of the State of California for the County of Sacramento, entitled Chong Vang, Plaintiff vs. County of Sacramento, et al., Defendants, Case No. 34-2015-00179654; WHEREAS on November 30, 2015, Plaintiff's complaint was removed to this Court by Defendant pursuant to 28 U.S.C. 1441(a); WHERE
Summary: STIPULATION AND ORDER TO EXTEND DEFENDANT COUNTY OF SACRAMENTO'S TIME TO RESPOND TO THE COMPLAINT JOHN A. MENDEZ , District Judge . WHEREAS on May 26, 2015, an action was commenced in the Superior Court of the State of California for the County of Sacramento, entitled Chong Vang, Plaintiff vs. County of Sacramento, et al., Defendants, Case No. 34-2015-00179654; WHEREAS on November 30, 2015, Plaintiff's complaint was removed to this Court by Defendant pursuant to 28 U.S.C. 1441(a); WHEREA..
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STIPULATION AND ORDER TO EXTEND DEFENDANT COUNTY OF SACRAMENTO'S TIME TO RESPOND TO THE COMPLAINT
JOHN A. MENDEZ, District Judge.
WHEREAS on May 26, 2015, an action was commenced in the Superior Court of the State of California for the County of Sacramento, entitled Chong Vang, Plaintiff vs. County of Sacramento, et al., Defendants, Case No. 34-2015-00179654;
WHEREAS on November 30, 2015, Plaintiff's complaint was removed to this Court by Defendant pursuant to 28 U.S.C. § 1441(a);
WHEREAS the case was assigned to United States District Judge John A. Mendez;
WHEREAS pursuant to the Court's standing order on filing requirements, counsel for Plaintiff and Defendant County met and conferred by phone on November 30, 2015, and by letter on December 1, 2015, and agreed on a desire to avoid unnecessary motions practice and discuss resolution of the case;
WHEREAS counsel stipulated and this Court so ordered that Defendants' deadline to file a response be extended from December 7, 2015, to January 6, 2016;
WHEREAS counsel for Plaintiff and Defendant County are engaged in sincere and earnest settlement negotiation;
WHEREAS counsel for Defendant County received Plaintiff's December 19, 2015, settlement offer and supporting materials over the holiday and have been unable to confer meaningfully with various necessary agents of client County;
WHEREAS counsel for Defendant County has been unable to contact numerous individual Defendants in order to seek permission to accept service;
WHEREAS counsel for the parties maintain their wish to avoid unnecessary motions practice and pursue resolution of this matter;
THEREFORE, the parties hereby stipulate, by and through their counsel of record, as follows:
1. Upon the Court's approval of this stipulation, Defendant shall have sixty (60) days in which to file a responsive pleading in any manner authorized by Rule 12 of the Federal Rules of Civil Procedure. Defendants' deadline to file a response is extended until March 7, 2016.
IT IS SO STIPULATED.
ORDER
After considering the Stipulation by and between the parties through their counsel of record, IT IS HEREBY ORDERED THAT:
1. Defendants County of Sacramento and Sacramento County Sheriff's Department shall have until March 7, 2016, to respond to Plaintiff's Complaint in any manner authorized by Rule 12 of the Federal Rules of Civil Procedure.
IT IS SO ORDERED.
