Blackman-Baham v. Zinke

Northern District of California, cand-4:2015-cv-01922

ORDER GRANTING {{13}} Stipulation re {{12}} Renotice motion hearing. Responses due by 8/21/2015. Replies due by 8/31/2015. Motion Hearing set for 9/25/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 7/22/15. Modified on 7/23/2015

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Case Case4:15-cv-01922-JSW 4:15-cv-01922-JSW Document Document13 14 Filed Filed07/22/15 07/23/15 Page1 Page 1ofof33 1 MELINDA HAAG (CABN 132612) United States Attorney 2 ALEX G. TSE (CABN 152348) 3 Chief, Civil Division 4 ANN MARIE REDING (CABN 226468) Assistant United States Attorney 5 450 Golden Gate Avenue, Box 36055 6 San Francisco, California 94102-3495 Telephone: (415) 436-6813 7 FAX: (415) 436-6748 annie.reding@usdoj.gov 8 Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 SHEILA BLACKMAN-BAHAM,) CASE NO. CV 15-01922 JSW 14) Plaintiff,) STIPULATION AND [PROPOSED] ORDER RE 15) MOTION TO DISMISS v.) 16) SALLY JEWELL, Secretary, Department of) 17 Interior,)) 18 Defendant.) 19 20 Pro se plaintiff Sheila Blackman-Baham ("Plaintiff"), on behalf of herself, and Defendant Sally 21 Jewell, Secretary, Department of Interior ("Defendant"), by and through her counsel, make the 22 following representations and stipulate and agree as follows: 23 1. On April 29, 2015, Plaintiff filed her Complaint. See Docket No. 1. 24 2. On May 11, 2015, the U.S. Attorney's Office received a copy of Plaintiff's Complaint by 25 certified mail. See Declaration of Ann Marie Reding ("Reding Decl."), ¶ 2. 26 3. On July 10, 2015, Defendant filed a motion dismiss Plaintiff's complaint in its entirety. 27 Defendant also filed an administrative motion to relate this case to an earlier-filed case involving the 28 same parties and some of the same claims, Case No. CV 10-02656 JSW. Reding Decl., ¶ 3; Dkt No. 10 STIPULATION AND [PROPOSED] ORDER CV 15-01922 JSW Case Case4:15-cv-01922-JSW 4:15-cv-01922-JSW Document Document13 14 Filed Filed07/22/15 07/23/15 Page2 Page 2ofof33 1 in Case No. CV 10-02656 JSW. 2 4. On July 16, 2015, Plaintiff wrote an email to counsel for Defendant requesting an 3 extension of time to file her opposition to Defendant's motion to dismiss until August 21, 2015. Reding 4 Decl. ¶ 4. 5 5. On July 20, 2015, the Court related this case to Case No. CV 10-02656 JSW, and 6 reassigned this case to the Honorable Jeffrey S. White. The Court also vacated the hearing date on 7 Defendant's motion to dismiss and requested that she re-notice the motion before Judge White. Id. ¶ 5. 8 6. On July 20, 2015, Defendant filed a re-notice of her motion to dismiss, noticing the 9 hearing for September 25, 2015, at 9:00 a.m. before Judge White. Id. ¶ 6. On the same date, Plaintiff 10 confirmed that she would still like the previously requested extension of time to file her opposition. Id. 11 7. In light of Plaintiff's request, the parties stipulate and agree to the following: 12 • August 21, 2015 - Last day for Plaintiff to file and serve her opposition to Defendant's 13 motion to dismiss; and 14 • August 31, 2015 - Last day for Defendant to file and serve her reply in support of her 15 motion to dismiss. 16 Id. at ¶ 7. 17 8. No prior extensions of time have been requested or granted. See id. at ¶ 8. 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// STIPULATION AND [PROPOSED] ORDER CV 15-01922 JSW Case Case4:15-cv-01922-JSW 4:15-cv-01922-JSW Document Document13 14 Filed Filed07/22/15 07/23/15 Page3 Page 3ofof33 1 9. The requested time modifications will have no impact on the hearing on Defendant's 2 motion to dismiss. See id. 3 DATED: July 22, 2015 Respectfully submitted, 4 ____/s/ Sheila Blackman-Baham______________ SHEILA BLACKMAN-BAHAM 5 Plaintiff 6 DATED: July 22, 2015 Respectfully submitted, 7 MELINDA HAAG 8 United States Attorney 9 ___/s/ Ann Marie Reding 1____________________ 10 ANN MARIE REDING Assistant United States Attorney 11 Attorneys for Defendant 12 [PROPOSED] ORDER 13 Plaintiff and Defendant's Stipulation and Proposed Order re Motion to Dismiss is hereby 14 GRANTED. Plaintiff shall file her opposition to Defendant's motion to dismiss on or before August 21, 15 2015. Defendant shall file her reply on or before August 31, 2015. The hearing on Defendant's motion 16 to dismiss is set for September 25, 2015 at 9:00 a.m. 17 22 2015 Date: July ____, 18 _______________________ 19 JEFFREY S. WHITE United States District Judge 20 21 22 23 24 25 26 27 1 28 I, Ann Marie Reding, hereby attest that I obtained the concurrence in the filing of this document of all signatories whose signatures are represented by /s/. STIPULATION AND [PROPOSED] ORDER CV 15-01922 JSW