Opinion
No.: C 13-511 SBA
04-12-2013
BERNAVE ALCARAZ, et al., Plaintiffs, v. JANET NAPOLITANO, et al., Defendants.
STUART F. DELERY Acting Assistant Attorney General DAVID J. KLINE Director, Office of Immigration Litigation, District Court Section LANA L. VAHAB (DC 976203) Trial Attorney United States Department of Justice Office of Immigration Litigation District Court Section Attorneys for Defendants H. Nelson Meeks H. NELSON MEEKS Law Office of H. Nelson Meeks Attorney for Plaintiffs
STUART F. DELERY
Acting Assistant Attorney General
DAVID J. KLINE
Director, Office of Immigration Litigation, District Court Section
LANA L. VAHAB (DC 976203)
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
Attorneys for Defendants
SECOND STIPULATION TO EXTEND
TIME WITHIN WHICH THE
DEFENDANTS MUST FILE AN ANSWER
OR OTHERWISE RESPOND and ORDER
SECOND STIPULATION TO EXTEND TIME FOR DEFENDANTS TO ANSWER
Plaintiffs, by and through their attorney of record, and Defendants, by and through their attorneys of record, hereby stipulate, subject to the approval of the Court, to an extension of time within which the Defendants must serve their answer, or other responsive pleading to the complaint. In support thereof, the parties state as follows:
1. Plaintiffs filed the instant complaint for money damages on February 5, 2013. (ECF No. 1.)
2. Plaintiffs properly effectuated service on those Defendants sued in their official capacities on February 7, 2013.
3. According to Fed. R. Civ. P. 12(a)(3), Defendants' original deadline to answer or otherwise respond to the complaint is April 8, 2013. Pursuant to the Parties' Stipulation to Extend Time (ECF No. 11), this original deadline was extended to April 12, 2013.
4. On April 10, 2013, after a discussion with Defendants' counsel, counsel for Plaintiffs informed Defendants' counsel that he plans to file an amended complaint in this action by approximately April 19, 2013.
5. In the interest of judicial economy, the parties agree that Defendants will not respond to Plaintiffs' original complaint, but will instead wait for Plaintiffs to file their First Amended Complaint and will then respond in accordance with the time allotted by Fed. R. Civ. P. 15(a)(3).
6. The undersigned contacted Plaintiffs' counsel, H. Nelson Meeks, by e-mail on April 11, 2013, regarding this stipulation. Mr. Meeks indicated that he agreed to this stipulation.
Respectfully submitted, STUART F. DELERY
Acting Assistant Attorney General
DAVID J. KLINE
Director
______________________
LANA L. VAHAB
Trial Attorney
United States Department of Justice
Office of Immigration Litigation
District Court Section
P.O. Box 868, Ben Franklin Station
Washington, D.C. 20044
Telephone: (202) 532-4067
Facsimile: (202) 305-7000
E-mail: lana.vahab@usdoj.gov
Attorneys for Defendants
H. Nelson Meeks (with permission)
H. NELSON MEEKS
Law Office of H. Nelson Meeks
Attorney for Plaintiffs
ORDER
Pursuant to Stipulation, IT IS SO ORDERED.
______________________
SAUNDRA BROWN ARMSTRONG
United States District Judge