Opinion
No. 2:10-CV-1678-KJM-KJN P
01-10-2013
JIMMIE STEPHEN, Plaintiff, v. FEDERAL RECEIVER J.C. KELSO, et al., Defendants.
MOORE LAW FIRM, P.C. Tanya E. Moore Attorney for Plaintiff, Jimmie Stephen BURKE, WILLIAMS & SORENSEN, LLP Kristina Doan Gruenberg Attorneys for Defendants, Dr. Traquina, Dr. Hsieh, and Dr. McAlpine HASSARD BONNINGTON LLP R. Wesley Pratt Attorneys for Defendant Dr. Wenneker
STIPULATION TO EXTEND TIME
WITHIN WHICH TO FILE FOURTH
AMENDED COMPLAINT; [PROPOSED]
ORDER
WHEREAS, the deadline for Plaintiff, Jimmie Stephen ("Plaintiff"), to file his Fourth Amended Complaint is presently January 11, 2013;
WHEREAS, Plaintiff's counsel sought to obtain Plaintiff's medical records from the Department of Corrections promptly after appointment in this matter, but it took a significant amount of time to receive such records;
WHEREAS, Plaintiff needed to receive the medical records prior to obtaining an expert to review the same, and only obtained the Court's approval to retain such an expert in this matter on December 18, 2012 (Doc. 84). Plaintiff thereafter forwarded the medical records to the expert but, with the intervening holidays, has not yet received from the expert a full response. Plaintiff anticipates having a full response on or about January 16, 2013;
WHEREAS, Plaintiff's counsel needs time to confer with the expert after receiving the expert's opinion, and thereafter the client, before amending the complaint, and communications with Plaintiff take additional time due to Plaintiff's incarceration;
WHEREAS, Plaintiff therefore requests that the last date for him to file his Fourth Amended Complaint be extended to February 11, 2013.
NOW, THEREFORE, Plaintiff, and Defendants Hsieh, Traquina, McAlpine and Wenneker (collectively "Defendants," and together with Plaintiff, "the Parties"), by and through their respective counsel, hereby stipulate as follows:
1. Plaintiff shall have to and including February 11, 2013 to file his Fourth Amended Complaint; and
2. Defendants' responsive pleadings shall be due on or before March 4, 2013.
IT IS SO STIPULATED.
MOORE LAW FIRM, P.C.
_______________
Tanya E. Moore
Attorney for Plaintiff,
Jimmie Stephen
BURKE, WILLIAMS & SORENSEN, LLP
_______________
Kristina Doan Gruenberg
Attorneys for Defendants,
Dr. Traquina, Dr. Hsieh, and Dr. McAlpine
HASSARD BONNINGTON LLP
_______________
R. Wesley Pratt
Attorneys for Defendant
Dr. Wenneker
ORDER
The Parties having so stipulated and good cause appearing,
IT IS HEREBY ORDERED that Plaintiff's Fourth Amended Complaint be filed no later than February 11, 2013.
IT IS FURTHER ORDERED that Defendants' responsive pleadings be filed no later than March 4, 2013.
IT IS SO ORDERED.
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE