Opinion
Case No. 1:11-cv-01954-LJO-BAM
07-24-2012
LINDA ROCHA, Plaintiff, v. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, J. CLARK KELSO, RECEIVER, CALIFORNIA CORRECTIONAL HEALTH CARE SERVICES, Defendants.
WILLIAM A. ROMAINE Attorney for Plaintiff LINDA ROCHA MARY HORST Attorney for Defendant CDCR JAIME G. TOUCHSTONE Attorney for Defendant Clark Kelso
KAMALA D. HARRIS
Attorney General of California
SCOTT H. WYCKOFF
Supervising Deputy Attorney General
MARY HORST
Deputy Attorney General
Attorneys for Defendant CDCR
STIPULATION AND ORDER RE:
FILING DATE FOR DEFENDANT'S
RESPONSIVE PLEADING
Judge: The Honorable Lawrence J. O'Neill
Action Filed: November 18, 2011
THE PARTIES HERETO, BY AND THROUGH THEIR ATTORNEYS OF RECORD, HEREBY STIPULATE AND AGREE AS FOLLOWS:
Plaintiff Linda Rocha ("Plaintiff") and Defendant California Department of Corrections and Rehabilitation ("CDCR"), collectively referred to as "Parties" unless otherwise specifically referred to, hereby stipulate as follows:
1. On or about November 18, 2011, Plaintiff filed the instant action.
2. On or about May 3, 2012, Clark Kelso answered the Complaint.
3. On or about July 3, 2012, Plaintiff served CDCR. A responsive pleading is due from CDCR by July 24, 2012.
4. In a letter dated July 18, 2012, Plaintiff represented she intends to file an amended complaint with this court.
5. To preserve party and judicial resources, the Parties desire that Plaintiff file an amended complaint before the CDCR proceeds with the filing of a responsive pleading.
6. The Parties therefore propose that any responsive pleading on behalf of CDCR shall be filed no later than 20 days after Plaintiff files an Amended Complaint.
7. The Parties respectfully request that the Court enter this stipulation as an order.
IT IS SO STIPULATED AND AGREED:
______________
WILLIAM A. ROMAINE
Attorney for Plaintiff LINDA ROCHA
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MARY HORST
Attorney for Defendant CDCR
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JAIME G. TOUCHSTONE
Attorney for Defendant Clark Kelso
ORDER
Based on the Stipulation of the parties (Doc. 17), and for good cause shown, the Court GRANTS the parties' request to continue CDCR's deadline to file an Answer to Plaintiffs Complaint. CDCR shall file their Answer no later than 20 days after Plaintiff files an Amended Complaint.
Additionally, the Court CONTINUES the Initial Scheduling Conference currently set for August 22, 2012 (Doc. 15) to September 20, 2012, at 8:30 AM, in Courtroom 8, before the Honorable Barbara A. McAuliffe. IT IS SO ORDERED.
Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE