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Mercardo v. U.S., 1:13-cv-01535 AWI-JLT. (2016)

Court: District Court, E.D. California Number: infdco20161222920 Visitors: 29
Filed: Dec. 21, 2016
Latest Update: Dec. 21, 2016
Summary: JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER (Doc. 65) JENNIFER L. THURSTON , Magistrate Judge . On December 9, 2016, Plaintiffs Samuel Mercardo, Donald Gayle, Jesus Ramos, Jesus Andrade, Gilberto Gonzalez Betancourt, Wanna Win, Musa Gowon, Jose Portillo Mayorga, Victor Martinez, Jorge Rivera-Vallejo, Edgar Prado Castaneda, Gonzalo Cisneros Reyes, Lucio Palomares, and Hector Bazan filed a First Amended Complaint agains
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JOINT STIPULATION TO EXTEND TIME FOR DEFENDANTS TO RESPOND TO THE FIRST AMENDED COMPLAINT AND [PROPOSED] ORDER

(Doc. 65)

On December 9, 2016, Plaintiffs Samuel Mercardo, Donald Gayle, Jesus Ramos, Jesus Andrade, Gilberto Gonzalez Betancourt, Wanna Win, Musa Gowon, Jose Portillo Mayorga, Victor Martinez, Jorge Rivera-Vallejo, Edgar Prado Castaneda, Gonzalo Cisneros Reyes, Lucio Palomares, and Hector Bazan filed a First Amended Complaint against the Defendants, the United States; its contractor, Management & Training Corporation (MTC); and the warden of the Taft Correctional Institution (TCI), Michael Benov. Pursuant to the court's order, the United States shall file a responsive pleading by December 29, 2016 and MTC need not file a responsive pleading. (ECF No. 59).

All defendants intend to challenge the present First Amended Complaint with motions. However, to allow all the parties to attempt to avoid motions as the Defendants' initial responses, counsel for all parties have met and conferred and agree to extend the deadline for responsive pleadings to and including February 6, 2017. As the parties are seeking to narrow the issues for any potential motions, or eliminate such motions entirely, good cause exists to continue the response date for the United States from December 29, 2016 to and including February 6, 2017, and also allow MTC and Michael Benov to and including February 6, 2017, for filing their motions, if necessary.

Accordingly, Plaintiffs and Defendants hereby stipulate and agree as follows:

1. The deadline for the United States to respond to the First Amended Complaint shall be extended up to and including February 6, 2017.

2. The deadline for Management & Training Corporation and Michael Benov to respond to the First Amended Complaint shall be set for February 6, 2017.

3. This stipulation will not alter the date of any event or any deadline already fixed by Court order.

[PROPOSED] ORDER

Having reviewed the stipulation submitted by the parties and for good cause showing, the court hereby orders as follows:

1. The deadline for the United States to respond to the First Amended Complaint shall be extended up to and including February 6, 2017.

2. The deadline for Management & Training Corporation and Michael Benov to respond to the First Amended Complaint shall be set for February 6, 2017.

3. This stipulation will not alter any other date of any event or any deadline already fixed by Court order.

IT IS SO ORDERED.

Source:  Leagle

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