Thao v. Donovan, et al.
Filing
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STIPULATION/ORDER to WITHDRAW Defendants' 15 Motion to Dismiss (PARTIAL), Motion for ORDER DENIED AS MOOT and Motion to STRIKE and to allow Plaintiff to File his First Amended Complaint on or before December 12, 2011, without Prejudice to the Defendants' Filing of any Subsequent Responses to the First Amended Complaint and Order; December 12, 2011 Hearing - VACATED, signed by Chief Judge Anthony W. Ishii on 11/10/2011. (Martin-Gill, S)
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Jacob M. Weisberg, SBN 049065
THE LAW OFFICE OF JACOB M. WEISBERG
844 N. Van Ness Avenue
Fresno, CA 93728
Telephone: (559) 441-0201
Facsimile: (559) 442-3164
Attorney for Plaintiff: TOULU THAO
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UNITED STATES DISTRICT COURT
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TOULU THAO,
EASTERN DISTRICT OF CALIFORNIA
CASE NO.: 1:11-CV-00799-AWI-BAM
Plaintiff,
STIPULATION TO WITHDRAW
DEFENDANTS’ MOTION FOR PARTIAL
v.
DISMISSAL AND MOTION TO STRIKE AND
TO ALLOW PLAINTIFF TO FILE HIS FIRST
SHAUN DONOVAN, SECRETARY OF THE
AMENDED COMPLAINT ON OR BEFORE
DEPARTMENT OF HOUSING AND URBAN
DECEMBER 12, 2011, WITHOUT PREJUDICE
DEVELOPMENT; FORMER REGIONAL
TO THE DEFENDANTS’ FILING OF ANY
COUNSEL OF HUD REGION IX FAYE
SUBSEQUENT RESPONSES TO THE FIRST
AUSTIN; FORMER FIELD DIRECTOR OF THE AMENDED COMPLAINT AND ORDER,
FRESNO HUD OFFICE MARIE SUDDUTH;
AND ORDER ON DEFENDANTS’ MOTION
TERESA CARSON, FORMER AGENT OF THE TO DISMISS
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT, HUD OFFICE OF
Date:
December 12, 2011
INSPECTOR GENERAL; IN THEIR
Time:
1:30 p.m.
INDIVIDUAL AND OFFICIAL CAPACITIES;
Ctrm:
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AND DOES 1-75, INCLUSIVE,
Hon. Anthony W. Ishii
Defendants.
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(Doc. No. 15)
IT IS STIPULATED by and between the parties hereto, by and through their respective
counsel, that the defendants withdraw its motion for partial dismissal and motion to strike and to
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allow plaintiff to file his first amended complaint on or before December 12, 2011, without prejudice
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to the defendants’ filing of any subsequent responses to the first amended complaint.
IT IS FURTHER STIPULATED that the defendants shall have thirty (30) days after the filing
of plaintiff’s First Amended Complaint to file a responsive pleading.
-1Stipulation to W ithdraw Defendants Motion for Partial Dismissal and Motion to Strike – 11-2-11
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Dated: November 3, 2011
/S/ JACOB M. WEISBERG________________
Jacob M. Weisberg, Attorney for Plaintiff,
TOULU THAO
Dated: November 3, 2011
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BENJAMIN B. WAGNER
United States Attorney
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By_/S/ BENJAMIN E. HALL ______________
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorneys for Defendants
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ORDER
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Good cause, appearing, IT IS HEREBY ORDERED that:
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1.
The above stipulation shall be given full effect;
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2.
The December 12, 2011, hearing on Defendants’ motion to dismiss is VACATED;
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3.
Defendants’ motion to dismiss (Document 15) is DENIED as moot in light of the above
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stipulation;
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4.
Plaintiff shall file an amended complaint no later than December 12, 2011; and
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5.
Defendants shall have thirty (30) days from the filing of the amended complaint to file an
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responsive motion or a responsive pleading.
IT IS SO ORDERED.
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Dated:
ciem0h
November 10, 2011
CHIEF UNITED STATES DISTRICT JUDGE
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-2Stipulation to W ithdraw Defendants Motion for Partial Dismissal and Motion to Strike – 11-2-11
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