Case: Bread for the City v. District of Columbia

COMPLAINT against DISTRICT OF COLUMBIA ( Filing fee $ 402 receipt number ADCDC-10183686) filed by BREAD FOR THE CITY. (Attachments: # 1 Civil Cover Sheet Civil cover sheet, # 2 Summons Summons for Office of the Attorney General for D.C., # 3 Summons Summons for Mayor of D.C.)(Perloff, Michael) (Entered: 07/06/2023)

1 Civil Cover Sheet Civil cover sheet

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2 Summons Summons for Office of the Attorney General for D.C.

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3 Summons Summons for Mayor of D.C.

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Case Assigned/Reassigned

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BREAD FOR THE CITY (Perloff, Michael) (Entered: 07/06/2023)

NOTICE OF RELATED CASE by BREAD FOR THE CITY. Case related to Case No. 1:18-cv-1901. (Perloff, Michael) (Entered: 07/06/2023)

Case Assigned to Judge Ana C. Reyes. (zljn)

SUMMONS (2) Issued Electronically as to DISTRICT OF COLUMBIA, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachments: # 1 Notice and Consent)(zljn) (Entered: 07/06/2023)

1 Notice and Consent

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/10/2023. Answer due for ALL D.C. DEFENDANTS by 7/31/2023. (Perloff, Michael) (Entered: 07/13/2023)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 07/10/2023. (Perloff, Michael) (Entered: 07/13/2023)

NOTICE of Appearance by Scott Michelman on behalf of BREAD FOR THE CITY (Michelman, Scott) (Entered: 07/17/2023)

Notice of Provisional/Government Not Certified Status

RESOLVED...NOTICE of Provisional/Government Not Certified Status re 7 NOTICE of Appearance by Scott Michelman on behalf of BREAD FOR THE CITY (Michelman, Scott).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 7/26/2023. (zmrl) Modified on 7/24/2023 (zmrl).

NOTICE of Appearance by Pamela A. Disney on behalf of DISTRICT OF COLUMBIA (Disney, Pamela) (Entered: 07/25/2023)

Consent MOTION for Extension of Time to File Response/Reply to the Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 07/25/2023)

NOTICE of Appearance by Brendan Russell Heath on behalf of DISTRICT OF COLUMBIA (Heath, Brendan) (Entered: 07/25/2023)

STANDING ORDER. The parties are directed to read Judge Reyes's attached Standing Order in Civil Cases in its entirety. The parties are hereby ORDERED to comply with the directives in the Standing Order. Signed by Judge Ana C. Reyes on 7/26/2023. (lc1) (Entered: 07/26/2023)

Order on Motion for Extension of Time to File Response/Reply

MINUTE ORDER. Upon consideration of Defendant's 9 Consent Motion for an Extension of Time to Respond to the Complaint and the entire record, it is ORDERED that the Motion is GRANTED. It is FURTHER ORDERED that Defendant's motion to dismiss or responsive pleading is due on or before September 8, 2023. Defendant is directed to review Section 7(f) of Judge Reyes's Standing Order, which explains the Court's pre-motion conference requirements for filing a dispositive motion and states that "[f]or motions to dismiss under Federal Rule of Civil Procedure 12(b), the filing date of the letter will serve as the operative date for determining compliance with Rule 12's timing requirement." Signed by Judge Ana C. Reyes on 7/26/2023. (lc1)

NOTICE of Appearance by Michael Krevans Perloff on behalf of BREAD FOR THE CITY (Perloff, Michael) (Entered: 07/26/2023)

NOTICE of Appearance by Scott Michelman on behalf of BREAD FOR THE CITY (Michelman, Scott) (Entered: 07/27/2023)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Motion to dismiss or responsive pleading due by 9/8/2023. (zcdw)

Consent MOTION for Extension of Time to Respond to the Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 09/01/2023)

1 Memorandum in Support

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2 Text of Proposed Order

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Order on Motion for Extension of Time to

MINUTE ORDER. Upon consideration of Defendant's 14 Consent Motion for an Extension of Time to Respond to the Complaint and the entire record, it is ORDERED that the Motion is GRANTED, and it is further ORDERED that Defendant's motion to dismiss or responsive pleading is due on or before September 26, 2023. Signed by Judge Ana C. Reyes on 9/5/2023. (lcacr1)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Motion to dismiss or responsive pleading due by 9/26/2023. (zcdw)

MOTION to Intervene by D.C. Police Union. (Attachments: # 1 Memorandum in Support Memorandum in Support of Motion to Intervene, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit Proposed Answer)(Conti, Anthony) (Entered: 09/18/2023)

MOTION to Reassign Case by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 09/26/2023)

NOTICE Regarding Anticipated Motion to Dismiss by DISTRICT OF COLUMBIA re 1 Complaint, (Disney, Pamela) (Entered: 09/26/2023)

MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Intervene by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 09/27/2023)

RESPONSE re 18 MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Intervene filed by FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION. (Attachments: # 1 Text of Proposed Order Proposed Order)(Conti, Anthony) (Entered: 09/28/2023)

Order on Motion for Extension of Time to File Response/Reply

NOTICE of Appearance by Anthony Michael Conti on behalf of FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION (Conti, Anthony) (Entered: 09/28/2023)

MINUTE ORDER. It is ORDERED that Plaintiff's 18 Motion for an Extension of Time is GRANTED. Plaintiff—and each of its 11 attorneys—has until October 30, 2023, to file an opposition to the 15 Motion to Intervene. The Court does not appreciate it when counsel refuse to extend simple scheduling courtesies. Why? For just one reason, because taking time to address needless motions practice negatively impacts the Court's ability to address its other 200-plus cases. The proposed Intervenor claims that it opposes an extension because non-merits hearings are scheduled to occur in the interim. But it could have readily asked any one of Plaintiff's 11 attorneys to state its position as, "Proposed Intervenor does not oppose an extension, but requests that it be granted permission to participate in any hearings that occur before the Court rules on its intervention motion." The Court would have—as it does now—permitted that participation. Counsel should conduct themselves accordingly in the future. Signed by Judge Ana C. Reyes on 9/28/2023. (lcacr1)

REPLY re 17 Notice (Other) Regarding Defendant's Anticipated Motion To Dismiss the Complaint filed by BREAD FOR THE CITY. (Perloff, Michael) (Entered: 10/03/2023)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Ashika Verriest, Filing fee $ 100, receipt number ADCDC-10406402. Fee Status: Fee Paid. by BREAD FOR THE CITY. (Attachments: # 1 Declaration of Ashika Verriest, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Perloff, Michael) (Entered: 10/07/2023)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 22 Motion for Leave to Appear Pro Hac Vice. Attorney Ashika Verriest is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ana C. Reyes on 10/10/2023. (lcacr1)

Memorandum in opposition to re 16 Motion to Reassign Case filed by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 10/10/2023)

NOTICE of Appearance by Ashika Verriest on behalf of BREAD FOR THE CITY (Verriest, Ashika) (Main Document 24 replaced on 10/13/2023) (znmw). (Entered: 10/12/2023)

REPLY to opposition to motion re 16 MOTION to Reassign Case filed by DISTRICT OF COLUMBIA. (Heath, Brendan) (Entered: 10/17/2023)

ORDER denying Defendant's 16 Motion to Reassign Case. See document for details. Signed by Judge Ana C. Reyes on 10/18/2023. (lcacr1) (Entered: 10/18/2023)

Notice of Hearing

NOTICE of Hearing: Pre-motion Conference set for 11/6/2023 at 11:00 AM in Courtroom 12 before Judge Ana C. Reyes. (zcdw)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jenn Rolnick Borchetta, Filing fee $ 100, receipt number ADCDC-10439740. Fee Status: Fee Paid. by BREAD FOR THE CITY. (Attachments: # 1 Declaration of Jenn Rolnick Borchetta, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Perloff, Michael) (Entered: 10/23/2023)

Order on Motion for Leave to Appear Pro Hac Vice

ORDER granting 27 Motion for Leave to Appear Pro Hac Vice. Attorney Jenn Rolnick Borchetta is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ana C. Reyes on 10/24/2023. (lcacr1)

Memorandum in opposition to re 15 Motion to Intervene filed by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order re DC Police Union's Motion to Intervene)(Verriest, Ashika) (Entered: 10/30/2023)

REPLY to opposition to motion re 15 MOTION to Intervene filed by FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)(Conti, Anthony) (Entered: 11/06/2023)

Notice of Hearing

NOTICE of Hearing: Pre-Motion Conference reset for 11/27/2023 at 10:30 AM in Courtroom 12 before Judge Ana C. Reyes. (zcdw)

.Order

MINUTE ORDER. It is ORDERED that the hearing set for November 27, 2023 will include argument on the D.C. Police Union's 15 Motion to Intervene. Signed by Judge Ana C. Reyes on 11/15/2023. (lcacr1)

NOTICE of Appearance by Jenn Rolnick Borchetta on behalf of BREAD FOR THE CITY (Borchetta, Jenn) (Entered: 11/20/2023)

STATUS REPORT Regarding Supplemental Local Rule 7(m) Certification by FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION. (Conti, Anthony) (Entered: 11/20/2023)

Joint MOTION to Continue Hearing on the DC Police Union's Motion to Intervene by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order re Joint Motion to Continue Hearing)(Verriest, Ashika) (Entered: 11/20/2023)

Order on Motion to Continue

MINUTE ORDER. Upon consideration of Plaintiff and Proposed Intervenor's 32 Joint Motion to Continue the November 27, 2023 Hearing on the Motion to Intervene, it is ORDERED that the Motion to Continue is GRANTED, and the hearing on the Motion to Intervene will be held on December 14, 2023 at 10:30 a.m. in Courtroom 12. The Court notes that the parties cannot stipulate to intervention, but they may file a joint motion to intervene, which requires Court approval. The pre-motion conference on Defendant's anticipated motion to dismiss will be held as scheduled on November 27, 2023. Signed by Judge Ana C. Reyes on 11/21/2023. (lcacr1)

.Order

Pre-motion Conference

Set/Reset Deadlines/Hearings

MINUTE ORDER. As stated at the November 27, 2023 Pre-Motion Conference, it is ORDERED as follows: (1) on or before December 1, 2023, the parties shall email Chambers with three proposed trial dates and a proposed briefing schedule on Defendant's forthcoming motion to dismiss; (2) on or before December 11, 2023, the parties' relevant experts or officials shall meet and confer as discussed on the record; (3) on or before December 18, 2023, the parties shall provide a joint status report with Plaintiff's proposal for limited discovery while Defendant's motion to dismiss is pending. Signed by Judge Ana C. Reyes on 11/27/2023. (lcacr1)

Minute Entry for proceedings held before Judge Ana C. Reyes: Pre-motion Conference held on 11/27/2023. (Court Reporter: Christine Asif.) (zcdw)

Set/Reset Deadlines/Hearings: Joint Status Report due by 12/18/2023. (zcdw)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aleksander J. Stathakis, Filing fee $ 100, receipt number ADCDC-10532036. Fee Status: Fee Paid. by FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Conti, Anthony) (Entered: 12/01/2023)

Order on Motion for Leave to Appear Pro Hac Vice

.Order

MINUTE ORDER granting 33 Motion for Leave to Appear Pro Hac Vice. Attorney Aleksander J. Stathakis is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ana C. Reyes on 12/1/2023. (lcacr1)

MINUTE ORDER. It is ORDERED that the following briefing schedule applies: Defendant shall file its motion to dismiss on or before January 19, 2024; the Union shall file its amicus brief on or before January 26, 2024; Plaintiff shall file its opposition on or before February 16, 2024; and Defendant shall file its reply on or before March 1, 2024. It is further ORDERED that trial in this case, if necessary, will begin on September 4, 2025. Signed by Judge Ana C. Reyes on 12/1/2023. (lcacr1)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Motion to dismiss due by 1/19/2024. Amicus brief due by 1/26/2024. Defendant's reply due by 3/1/2024. Bench Trial set for 9/4/2025 at 10:00 AM in Courtroom 12- In Person before Judge Ana C. Reyes. (zcdw)

TRANSCRIPT OF PROCEEDINGS before Judge Ana C. Reyes held on 11/27/2023; Page Numbers: 1-50. Date of Issuance:12/5/2023. Court Reporter Christine T. Asif, Telephone number 202-354-3247, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/26/2023. Redacted Transcript Deadline set for 1/5/2024. Release of Transcript Restriction set for 3/4/2024.(Asif, Christine) (Entered: 12/05/2023)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Hearing re 15 Motion to Intervene set for 12/14/2023 at 10:30 AM in Courtroom 12 before Judge Ana C. Reyes. (zcdw)

Joint MOTION for Order by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order re Appointment of Union as Amicus Curiae)(Verriest, Ashika) (Entered: 12/12/2023)

1 Text of Proposed Order re Appointment of Union as Amicus Curiae

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ORDER granting 35 Joint Motion to Approve Appointment of Amicus Curiae. See document for details. It is further ORDERED that the Union's 15 Motion to Intervene is DENIED as moot, and the hearing set for December 14, 2023, is hereby VACATED. Signed by Judge Ana C. Reyes on 12/12/2023. (lcacr1) (Entered: 12/12/2023)

NOTICE of Appearance by Adam Daniel on behalf of DISTRICT OF COLUMBIA (Daniel, Adam) (Entered: 12/12/2023)

NOTICE of Change of Address by Scott Michelman (Michelman, Scott) (Entered: 12/14/2023)

NOTICE of Change of Address by Michael Krevans Perloff (Perloff, Michael) (Entered: 12/16/2023)

NOTICE of Appearance by Aleksander J Stathakis on behalf of FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION (Stathakis, Aleksander) (Entered: 12/18/2023)

Joint STATUS REPORT by DISTRICT OF COLUMBIA. (Heath, Brendan) (Entered: 12/18/2023)

.Order

MINUTE ORDER. Upon consideration of the parties' 41 Joint Status Report, it is ORDERED that Defendant shall provide responses to Plaintiff's discovery requests, after they are formally submitted, on the five agreed upon topics and (A) of the topics that the parties were unable to agree on. Plaintiff shall not serve a discovery request related to topic (B) at this time. It is further ORDERED that the Working Group shall continue to meet pending the Court's resolution of Defendant's motion to dismiss, and after the resolution of such motion if it is denied. The Court will not set a meeting schedule now as it expects the Working Group to come to consensus on the appropriate frequency to keep matters moving efficiently and expeditiously. Signed by Judge Ana C. Reyes on 12/19/2023. (lcacr1)

MOTION to Dismiss Plaintiff's Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 01/19/2024)

1 Memorandum in Support

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2 Text of Proposed Order

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RESPONSE re 42 MOTION to Dismiss Plaintiff's Complaint Amicus Brief in Support filed by FRATERNAL ORDER OF POLICE, METROLPOLITAN POLICE DEPARTMENT LABOR COMMITTEE, D.C. POLICE UNION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Conti, Anthony) (Entered: 01/26/2024)

1 Exhibit 1

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2 Exhibit 2

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MOTION for Reconsideration re Order,,, for Working Group to Continue to Meet by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Text of Proposed Order)(Daniel, Adam) (Entered: 01/26/2024)

1 Memorandum in Support

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2 Exhibit 1

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3 Text of Proposed Order

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Memorandum in opposition to re 44 Motion for Reconsideration filed by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 02/09/2024)

1 Text of Proposed Order

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REPLY to opposition to motion re 44 MOTION for Reconsideration re Order,,, for Working Group to Continue to Meet filed by DISTRICT OF COLUMBIA. (Daniel, Adam) (Entered: 02/16/2024)

Memorandum in opposition to re 42 Motion to Dismiss filed by BREAD FOR THE CITY. (Attachments: # 1 Text of Proposed Order)(Perloff, Michael) (Entered: 02/16/2024)

NOTICE of Appearance by Steven P. Hollman on behalf of BREAD FOR THE CITY (Hollman, Steven) (Entered: 02/22/2024)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel L. Brown, Filing fee $ 100, receipt number ADCDC-10706918. Fee Status: Fee Paid. by BREAD FOR THE CITY. (Attachments: # 1 Declaration of Daniel L. Brown in Support of Motion for Pro Hac Vice., # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order in Support of Motion for Pro Hac Vice.)(Hollman, Steven) (Entered: 02/22/2024)

NOTICE of Statement of Interest by UNITED STATES OF AMERICA (Truong, John) (Entered: 02/22/2024)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 49 Motion for Leave to Appear Pro Hac Vice. Attorney Daniel L. Brown is hereby admitted to appear in this matter pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Ana C. Reyes on 2/23/2024. (lcacr1)

ENTERED IN ERROR..... MOTION for Leave to File by MENTAL HEALTH AMERICA. (Attachments: # 1 Exhibit Exhibit 1)(McCallum, Elizabeth) Modified on 3/1/2024 (zdp). (Entered: 02/24/2024)

1 Exhibit Exhibit 1

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NOTICE OF ERROR regarding 51 MOTION for Leave to File . The following error(s) need correction: Remove exhibit coversheet from main document; refile as errata to docket entry 51 e- Please refile. (zdp)

Consent MOTION for Extension of Time to File Response/Reply as to 42 MOTION to Dismiss Plaintiff's Complaint by DISTRICT OF COLUMBIA. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Disney, Pamela) (Entered: 02/26/2024)

Order on Motion for Extension of Time to File Response/Reply

.Order

MINUTE ORDER. Upon consideration of Defendant's 52 Consent Motion for an Extension of Time to Reply in Support of the Motion to Dismiss and the entire record, it is ORDERED that the Motion is GRANTED; and it is further ORDERED that the Defendant's reply in support of its motion to dismiss is due on or before March 22, 2024. Signed by Judge Ana C. Reyes on 2/26/2024. (lcacr1)