Magee v. Christianson

ROB BONTA, State Bar No. 202668

Attorney General of California

WILLIAM C. KWONG, State Bar No. 168010

Supervising Deputy Attorney General

JEFFREY T. FISHER, State Bar No. 303712

Supervising Deputy Attorney General

455 Golden Gate Avenue, Suite 11000

San Francisco, CA 94102-7004

Telephone: (415) 510-3568

Fax: (415) 703-5843

E-mail: [email protected]

Attorneys for Defendants H. Anglea, J. Lindsey,

T. McCarthy, and P. Quinn

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

FRESNO DIVISION

No. 1:21-cv-00670-DAD-SKO

HOPE MAGEE, et al.,

STIPULATION AND ORDER

Plaintiffs, EXTENDING TIME FOR DEFENDANTS ANGLEA, LINDSEY, McCARTHY, AND v. QUINN TO RESPOND TO COMPLAINT (Doc. 17)

A. CHRISTIANSON, et al., Judge: Hon. Sheila K. Oberto Trial Date: T.B.D.

Defendants. Action Filed: April 22, 2021

Under Civil Local Rule 143, Plaintiffs Hope Magee and Paul Shaw, and Defendants Anglea, Lindsey, McCarthy, and Quinn (the State Defendants) stipulate and agree that the time for the State Defendants to respond to the First Amended Complaint (ECF No. 7) is extended to September 2, 2021.

Dated: August 9, 2021 Respectfully submitted,

By: /s/ Brian Dunn (as authorized on 8/6/21) Brian Dunn

The Cochran Firm

Attorneys for Plaintiffs Hope Magee and Paul Shaw

Dated: August 9, 2021 By: /s/ Jeffrey T. Fisher

Jeffrey T. Fisher

Supervising Deputy Attorney General Attorney for Defendants H. Anglea, J. Lindsey, T. McCarthy, and P. Quinn

ORDER

Plaintiffs filed their first amended complaint on June 28, 2021. (Doc. 7.) Defendant Timothy McCarthy (“Mr. McCarthy”) was personally served on July 1, 2021. (Doc. 14.) Mr. McCarthy’s responsive pleading was therefore due twenty-one (21) days after service, or July 22, 2021.1 Fed. R. Civ. P. 12(a)(1)(A)(i). No proofs of service have been filed for Defendants Hunter Anglea2, Jerry Lindsey, and Patricia Quinn. (See Docket.)

On August 9, 2021, Jeffrey T. Fisher, Esq., filed a notice of appearance on behalf of Defendants McCarthy, Anglea, Lindsey, and Quinn (collectively, the “State Defendants”). (Doc. 16.) On that same date—eighteen days after Mr. McCarthy’s responsive pleading deadline— Plaintiffs and the State Defendants (collectively, the “Parties”) filed the above “Stipulation Extending Time for Defendants Anglea, Lindsey, McCarthy, and Quinn to Respond to Complaint.” (Doc. 17.)

Although the Court may extend time to file a responsive pleading after the deadline has expired because of “excusable neglect,” Fed. R. Civ. P. 6(b)(1)(B), no such excusable neglect has been articulated—much less shown—here. Notwithstanding this deficiency, given the absence of bad faith or prejudice to Plaintiffs (as evidenced by the Parties’ agreement to the extension of time), and in view of the liberal construction of Fed. R. Civ. 6(b)(1) to effectuate the general purpose of seeing that cases are tried on the merits, see Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258–59 (9th Cir. 2010), the Court GRANTS the Parties’ stipulated request. The Parties are cautioned that future post hoc request for extensions of time will be viewed with disfavor. Accordingly, IT IS HEREBY ORDERED that Defendants Timothy McCarthy, Hunter Anglea, Jerry Lindsey, and Patricia Quinn shall have to and including September 2, 2021, within which to file a responsive pleading.

IT IS SO ORDERED.

Dated: August 10, 2021 /s/ Sheila K. Oberto .

1 The docket does not reflect that any of the defendants was served with the initial complaint. Defendant Anglea’s name appears to have been misspelled as “Angela” in both the initial and amended complaints. (See Docs. 1, 7.)

UNITED STATES MAGISTRATE JUDGE