Opinion
Case No. cv-13-0551
03-12-2013
LUIS M. RODRIGUEZ, Plaintiff, v. TIMOTHY AITKEN, et al., Defendants.
BRUCE D. GOLDSTEIN, State Bar No. 135970 County Counsel ANNE L. KECK, State Bar No. 136315 Deputy County Counsel Office of the Sonoma County Counsel Attorneys for Defendant Sonoma County Sheriff Steve Freitas LAW OFFICE OF RICHARD L. COSHNEAR RICHARD L. COSHNEAR Attorney for Plaintiff
BRUCE D. GOLDSTEIN, State Bar No. 135970
County Counsel
ANNE L. KECK, State Bar No. 136315
Deputy County Counsel
Office of the Sonoma County Counsel
Attorneys for Defendant Sonoma
County Sheriff Steve Freitas
STIPULATION REQUESTING ENTRY OF
AN ORDER EXTENDING THE TIME FOR
DEFENDANT SONOMA COUNTY SHERIFF
TO RESPOND TO THE COMPLAINT;
PROPOSED ORDER
This stipulation and request for entry of an order is entered into by and between Plaintiff Luis M. Rodriguez ("Plaintiff") and Defendant Sonoma County Sheriff Steve Freitas (the "Sheriff"), for the purpose of extending the time for the Sheriff to respond to the Complaint. Other named defendants are not parties to this stipulation. The terms and provisions of this stipulation and request for an order are set forth below.
RECITALS
A. Plaintiff filed his Complaint for Damages herein on February 7, 2013, seeking damages related to the issuance and enforcement of an immigration detainer against him. Plaintiff effectuated service of the Complaint on the Sheriff on or about February 14, 2013. As of the date of this stipulation, no defendant has yet filed a response to the Complaint.
B. Pursuant to federal rules, the Sheriff's response to the Complaint is due on or about March 7, 2013. The Sheriff intends to file a motion to dismiss in response to the Complaint, and has so informed Plaintiff's counsel.
C. Scheduling conflicts render it difficult for the Sheriff's counsel to meet the current deadline for filing a motion to dismiss in response to the Complaint. Plaintiff's counsel have agreed to Sheriff's counsel's request to extend the date on which a response is due to the Complaint to March 21, 2013. This extension of time will not interfere with any other dates that have been set in this matter.
WHEREFORE, the parties to this stipulation hereby agree and request entry of a court order as follows:
STIPULATION
1. Defendant Sonoma County Sheriff Steve Freitas shall have through and including March 21, 2013, to file a response to the Complaint.
2. This stipulation does not prevent or preclude the parties from seeking additional relief from this Court, to amend this stipulation and order or otherwise.
Respectfully submitted,
BRUCE D. GOLDSTEIN, County Counsel
By ___________
ANNE L. KECK
Deputy County Counsel
Attorneys for Defendant Sonoma County
Sheriff Steve Freitas
LAW OFFICE OF RICHARD L. COSHNEAR
By ___________
RICHARD L. COSHNEAR
Attorney for Plaintiff
[PROPOSED] ORDER
Pursuant to the foregoing stipulation, and with good cause appearing,
IT IS HEREBY ORDERED that Defendant Sonoma County Sheriff Steve Freitas shall have through and including March 21, 2013, to file a response to the Complaint.
______________________
Samuel Conti
UNITED STATES DISTRICT COURT JUDGE