Jason Call v. Sa Matt Badgley et al

Northern District of California, cand-4:2015-cv-03353

***DISREGARD-INCORRECT DOCUMENT ATTACHED. SEE DOCKET NO. {{81}} FOR CORRECT ORDER.*** ORDER by Judge Haywood S. Gilliam, Jr. Granting {{79}} Stipulation. Modified on 2/23/2017

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1 CREGGER & CHALFANT LLP ROBERT L. CHALFANT, SBN 203051 2 Email: rlc@creggerlaw.com WENDY MOTOOKA, SBN 233589 3 Email: wm@creggerlaw.com 701 University Avenue, Suite 110 4 Sacramento, CA 95825 Phone: 916.443-4443 5 Fax: 916.443-2124 6 Attorneys for Defendant NATE MENDES 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JASON CALL, Case No.: 3:15-cv-03353 HSG 12 Plaintiff, 13 vs. STIPULATION FOR EXTENSION OF TIME TO ALLOW DEFENDANT NATE 14 CALIFORNIA DEPARTMENT OF MENDES TO RESPOND TO SECOND JUSTICE/BUREAU OF NARCOTIC AMENDED COMPLAINT; ORDER 15 ENFORCEMENT; COUNTY OF THEREON HUMBOLDT; HUMBOLDT COUNTY 16 SHERIFF'S OFFICE; SPECIAL AGENT JACK NELSEN; SPECIAL AGENT 17 MATT BADGLEY; SPECIAL AGENT MONTI CERVELLI; SPECIAL AGENT 18 BRETT LETENDRE; SPECIAL AGENT RYAN MAKI; AGENT HEATH 19 HELMAN; AGENT CORY PERSING; AGENT NATE MENDES; AGENT 20 ADAM HARKNESS; AGENT MARVIN KIRKPATRICK; AGENT KEVIN 21 STONEBARGER; SHERIFF MICHAEL DOWNEY; DEPUTY SHERIFF WAYNE 22 HANSON; DEPUTY SHERIFF GREG MUSSON; DEPUTY SHERIFF BRIAN 23 QUENELL;DEPUTY SHERIFF BLAKE MASSARO, 24 Defendants. 25 26 27 WHEREAS on June 1, 2015, Plaintiff initiated the present civil action in the Superior 28 Court of California, County of Humboldt; CREGGER & CHALFANT, LLP. 701 University Ave., #110 STIPULATION FOR EXTENSION OF TIME FOR Sacramento, CA 95825 (916) 443-4443 MENDES TO FILE RESPONSE; PROPOSED ORDER 1 Case No. 3:15-cv-03353 HSG 1 WHEREAS Defendant Nate Mendes was not named as a defendant in that civil action; 2 WHEREAS on July 21, 2015, the named defendants removed the state court action to 3 federal court; 4 WHEREAS on November 30, 2015, an amended complaint was filed naming 5 approximately 19 defendants, including "Agent Nate Mendes"; 6 WHEREAS on November 10, 2016, a Second Amended Complaint was filed; 7 WHEREAS on January 17, 2017, Robert Chalfant, outside counsel for Siskiyou County, 8 received a voicemail message from Counsel for Plaintiff, Linda Mitlyng, asking whether Mr. 9 Chalfant would be representing Nate Mendes; 10 WHEREAS on January 19, 2017, Ms. Mitlyng emailed a proof of service to Mr. Chalfant 11 showing that on June 7, 2016, substituted service of the Amended Complaint and Summons was 12 attempted on Mr. Mendes, at a Bureau of Land Management Field Office. 13 WHEREAS the parties wish to avoid motion practice relating to service issues; 14 It is hereby stipulated by the parties to this action through their attorneys of record as 15 follows: 16 Defendant NATE MENDES may have a two week extension of time within which to 17 respond to the Second Amended Complaint on file in any manner authorized by the Federal Rules 18 of Civil Procedure. Said response will now be due on or before February 20, 2017. 19 IT IS SO STIPULATED. 20 DATE: February 7, 2017 CREGGER & CHALFANT LLP 21 /s/ Robert L. Chalfant 22 ROBERT L. CHALFANT WENDY MOTOOKA 23 Attorneys for Defendant NATE MENDES 24 DATE: February 6, 2017 LAW OFFICE OF LINDA SUE MITLYNG 25 26 /s/ Linda Sue Mitlyng LINDA SUE MITLYNG, SBN 113810 27 Attorneys for Plaintiff JASON CALL 28 CREGGER & CHALFANT, LLP. 701 University Ave., #110 STIPULATION FOR EXTENSION OF TIME FOR Sacramento, CA 95825 (916) 443-4443 MENDES TO FILE RESPONSE; PROPOSED ORDER 2 Case No. 3:15-cv-03353 HSG 1 DATE: February 6, 2017 STATE OF CALIFORNIA OFFICE OF THE ATTORNEY GENERAL 2 3 /s/ Wilfred T. Fong WILFRED T. FONG, SBN 154303 4 Attorneys for Defendants MATT BADGLEY, JACK 5 NELSON, MONTI CERVELLI, BRETT LETENDRE, RYAN MAKI, HEATH HELMAN 6 7 DATE: February 6, 2017 MITCHELL BRISSO DELANEY & VRIEZE 8 /s/ Nancy K. Delaney 9 NANCY K. DELANEY, SBN 70617 Attorneys for Defendants COUNTY OF 10 HUMBOLDT, SHERIFF MICHAEL DOWNEY, 11 DEPUTY SHERIFF WAYNE HANSON, DEPUTY SHERIFF GREG MUSSON, DEPUTY SHERIFF 12 BRIAN QUENELL, AGENT MARVIN KIRKPATRICK; STANLEY HARKNESS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CREGGER & CHALFANT, LLP. 701 University Ave., #110 STIPULATION FOR EXTENSION OF TIME FOR Sacramento, CA 95825 (916) 443-4443 MENDES TO FILE RESPONSE; PROPOSED ORDER 3 Case No. 3:15-cv-03353 HSG 1 ORDER 2 It is hereby ordered that Defendant NATE MENDES may have an extension of time to 3 and including February 20, 2017, to file a response to the Second Amended Complaint on file 4 herein in any manner authorized by the Federal Rules of Civil Procedure. 5 IT IS SO ORDERED. 6 7 DATED: February 22, 2017 HON. HAYWOOD S. GILLIAM, JR. 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CREGGER & CHALFANT, LLP. 701 University Ave., #110 STIPULATION FOR EXTENSION OF TIME FOR Sacramento, CA 95825 (916) 443-4443 MENDES TO FILE RESPONSE; PROPOSED ORDER 4 Case No. 3:15-cv-03353 HSG