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Case 1:13-cv-00575-LJO-SKO Document 14 Filed 09/20/13 Page 1 of 3






BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, California 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099

Attorneys for United States of America




IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA



JESUS GONZALEZ,

Plaintiff,

v.

UNITED STATES DEPARTMENT OF
JUSTICE,

Defendant.






CASE NO. 1:13-CV-00575-LJO-SKO

STIPULATION AND ORDER TO VACATE
HEARING AND TO EXTEND DEADLINE
TO FILE REPLY PAPERS

ADDITIONAL COURT LANGUAGE ADDED


It is hereby stipulated by and between the United States and Plaintiff Jesus

Gonzalez, by and through their respective attorneys, as follows:

1. On April 22, 2013, Plaintiff Jesus Gonzalez filed the instant complaint. Jesus

Gonzalez v. United States Department of Justice, 1:13-CV-00575-LJO-SKO,

Complaint, ECF No. 7.

2. On August 22, 2013, the United States filed its Motion to Dismiss. Motion to

Dismiss, ECF No. 11.

3. On September 13, 2013, Plaintiff Jesus Gonzalez filed his Response to the United

States’ Motion to Dismiss. Response to Motion to Dismiss, ECF No. 14.

Stipulation and Order Resetting the Hearing on the
United States’ Motion to Dismiss and Extending the
United States’ Time to File a Reply to Plaintiff’s
Opposition





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Case 1:13-cv-00575-LJO-SKO Document 14 Filed 09/20/13 Page 2 of 3







4. The extension of time is requested due to the press of business and current

commitments by the United States, and in particular, the United States is currently

preparing an opposition to a lengthy and complex matter, in case Nottoli et. al., v.

United States, 1:13-MC-00049-BAM, due on the same date at the instant Reply is

due (September 27, 2013). As such, the parties have stipulated and agreed to re-set

the currently scheduled hearing and extend the time in which the United States is

to file its Reply to Plaintiff’s Response to the Motion to Dismiss.

5. For these reasons, the parties jointly agree and stipulate to the following new dates:



CURRENT DATE

PROPOSED DATE

Hearing on USA’s Motion

October 4, 2013

October 25, 2013

to Dismiss:

USA’s Reply to be filed by:

September 27, 2013

October 18, 2013



6. Additionally, given the current posture of the case, with a dispositive Motion to

Dismiss pending, the parties jointly request that the currently scheduled

Mandatory Scheduling Conference, set on Friday September 27, 2013, be vacated

and reset, if necessary, upon the resolution of the pending Motion to Dismiss.

Dated: September 19, 2013



BENJAMIN B. WAGNER
United States Attorney














/s/ Heather Mardel Jones





dismiss and ELECTS not to reset the hearing; and

Based on the parties' stipulation, this Court:

1.

VACATES the October 4, 2013 hearing on the Government's motion to

Stipulation and Order Resetting the Hearing on the
United States’ Motion to Dismiss and Extending the
United States’ Time to File a Reply to Plaintiff’s
Opposition





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Dated: September 19, 2013






















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HEATHER MARDEL JONES
Assistant United States Attorney

/s/ Rodney Rusc, Jr.
RODNEY RUSCA, JR.
Attorney for Plaintiff Jesus Gonzalez
(original signature retained by attorney)





ORDER



2.

ORDERS the Government, no later than October 18, 2013, to file and serve

Case 1:13-cv-00575-LJO-SKO Document 14 Filed 09/20/13 Page 3 of 3







reply papers.

Pursuant to its practice, this Court will consider the Government's motion to

dismiss on the record without oral argument and issue a written order. See Local Rule
230(g).



IT IS SO ORDERED.

Dated: September 20, 2013


/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE




DEAC_Sign ature-END:


66h44d

Stipulation and Order Resetting the Hearing on the
United States’ Motion to Dismiss and Extending the
United States’ Time to File a Reply to Plaintiff’s
Opposition





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