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Vivanco v. California Department of Corrections & Rehabilitation, 1:17-cv-00434 LJO-BAM. (2017)

Court: District Court, E.D. California Number: infdco20170727962 Visitors: 5
Filed: Jul. 26, 2017
Latest Update: Jul. 26, 2017
Summary: STIPULATION FOR TWENTY-DAY EXTENSION TO FILE RESPONSE TO FIRST AMENDED COMPLAINT; ORDER BARBARA A. McAULIFFE , Magistrate Judge . Under Federal Rules of Civil Procedure 6(b) and 15(a)(3) and Local Rules 143 and 144, the parties, by and through their attorneys of record, stipulate to a twenty-day extension, up to and including August 15, 2017, for Defendants to respond to the first amended complaint. Good cause exists to grant this request because defense counsel requires more time to analyz
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STIPULATION FOR TWENTY-DAY EXTENSION TO FILE RESPONSE TO FIRST AMENDED COMPLAINT; ORDER

Under Federal Rules of Civil Procedure 6(b) and 15(a)(3) and Local Rules 143 and 144, the parties, by and through their attorneys of record, stipulate to a twenty-day extension, up to and including August 15, 2017, for Defendants to respond to the first amended complaint. Good cause exists to grant this request because defense counsel requires more time to analyze the amended complaint and prepare the response.

On June 13, 2017, the Court granted Defendants' motion to dismiss with leave to amend. (ECF No. 9.) Plaintiff filed her amended complaint on July 12, 2017. (ECF No. 11.) The current deadline for Defendants to respond to the amended pleading is July 26, 2017. See Fed. R. Civ. P. 15(a)(3). Defense counsel requires more time to fully analyze the amended complaint, determine whether another dismissal motion is appropriate, or decide whether an answer is the best course and flush out any ambiguities in the pleading during discovery. She must then prepare the appropriate response. However, the attorney for the Defendants is currently in trial preparations, and has been since the amended complaint was filed. She is scheduled to start trial before Judge Mendez in Cordero v. Guzman (E.D. Cal. No. 2:13-cv-1515 JAM-KJN) on July 27, 2017. She will be unable to prepare the response until after her trial which is expected to last three to four days. For these reasons, the parties request a twenty-day extension for Defendants to respond to the amended complaint.

ORDER

Based on the parties' stipulation and good cause appearing, the request for a twenty-day extension for Defendants to respond to the first amended complaint (ECF No. 11) is GRANTED.

Defendants shall file their response to the first amended complaint on or before August 15, 2017.

IT IS SO ORDERED.

Source:  Leagle

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