Seawright v. Lucas

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 1
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CRAIG H. MISSAKIAN (CABN 125202)
United States Attorney
KENNETH BRAKEBILL (CABN 196696)
Chief, Civil Division
KENNETH J. KAO (CABN 194912)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-7320
FAX: (415) 436-6748
kenneth.kao@usdoj.gov
Attorneys for Defendant
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
MARC SEAWRIGHT,
Plaintiff,
v.
ANDREA R. LUCAS, Chair, U.S. EQUAL
EMPLOYMENT OPPORTUNITY
COMMISSION,,
Defendant.
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Case No. 3:26-cv-03444-TSH
JOINT STIPULATION TO EXTEND TIME TO
COMPLY WITH GENERAL ORDER 71
INITIAL DISCOVERY PROTOCOLS AND FOR
DEFENDANT TO FILE ANSWER;
DECLARATION; [PROPOSED] ORDER
The parties, by and through their counsel, hereby stipulate as follows:
WHEREAS, on July 7, 2026, pursuant to the parties’ Joint Stipulation, the Court ordered the
parties, inter alia, to comply with the General Order 71 Initial Discovery Protocols (“GO-71”) by
October 12, 2026 (ECF No. 23);
WHEREAS, on October 2, 2026, the Court issued its Order Denying Motion to Dismiss and
ordered Defendant to file an Answer to the Complaint by October 16, 2026 (ECF No. 30);
WHEREAS, on October 6, 2026, Defendant’s counsel contacted Plaintiff’s counsel to request an
additional three weeks – from October 12, 2026, to November 2, 2026 – to comply with GO-71, as
Defendant is still in the process of receiving Plaintiff’s official Electronic Personnel File (EOPF) from a
centralized government database;
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 1 of 6

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 2
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WHEREAS, on October 6, 2026, Plaintiff’s counsel contacted Defendant’s counsel and agreed
to the requested extension of time, to be applicable to both parties;
WHERAS, on October 8, 2026, Defendant’s counsel contacted Plaintiff’s counsel to also request
an additional three weeks – from October 16, 2026, to November 6, 2026 – to file an Answer to the
Complaint;
WHEREAS, on October 9, 2026, Plaintiff’s counsel contacted Defendant’s counsel and agreed
to the requested extension of time for Defendant to file an Answer;
WHEREAS, this change extends the Court-ordered deadline of October 16, 2026 for Defendant
to file an Answer but does not otherwise disturb the Case Management Conference set for November 19,
2026.
NOW THEREFORE, the parties hereby STIPULATE and respectfully REQUEST that:
1. The deadline for the parties to comply with the General Order 71 Initial Discovery Protocols
shall be extended three weeks, from October 12, 2026, to November 2, 2026.
2. The deadline for Defendant to file an Answer to the Complaint shall be extended three
weeks, from October 16, 2026, to November 6, 2026.
DATED: October 9, 2026 Respectfully submitted,
CRAIG H. MISSAKIAN
United States Attorney
/s/ Kenneth J. Kao
KENNETH J. KAO
Assistant United States Attorney
Attorneys for Defendant
DATED: October 9, 2026 KATZ BANKS KUMIN LLP
/s/ Rachel Green
Rachel Green
Attorneys for Plaintiff
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 2 of 6

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 3
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ATTESTATION
In compliance with Civil L.R. 5-1(i)(3), I, Kenneth J. Kao, attest that I have obtained
concurrence in the filing of this document from each of the other signatories.
Dated: October 9, 2026 By: /s/ Kenneth J. Kao__
KENNETH J. KAO
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 3 of 6

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 4
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DECLARATION OF KENNETH J. KAO
I, Kenneth J. Kao, declare as follows:
1. I am an Assistant United States Attorney and the attorney of record for Defendant in this
action. I submit this declaration in support of the parties’ Joint Stipulation to Extend Time to Comply
with General Order 71 Initial Discovery Protocols and for Defendant to File an Answer filed
concurrently herewith. The facts set forth in this declaration are within my personal knowledge or based
upon documents and information I have received in the course of this litigation.
2. On July 7, 2026, pursuant to the parties’ Joint Stipulation, the Court ordered the parties,
inter alia, to comply with the General Order 71 Initial Discovery Protocols (“GO-71”) by October 12,
2026 (ECF No. 23).
3. On October 2, 2026, the Court issued its Order Denying Motion to Dismiss and ordered
Defendant to file an Answer to the Complaint by October 16, 2026 (ECF No. 30).
4. On October 6, 2026, I emailed Plaintiff’s counsel to request an additional three weeks –
from October 12, 2026, to November 2, 2026 – to comply with GO-71, as Defendant is still in the
process of receiving Plaintiff’s official Electronic Personnel File (EOPF) from a centralized government
database.
5. On October 6, 2026, Plaintiff’s counsel Rachel Green replied to my email and agreed to
the requested extension of time, to be applicable to both parties.
6. On October 8, 2026, I emailed Plaintiff’s counsel to also request an additional three
weeks – from October 16, 2026, to November 6, 2026 – to file an Answer to the Complaint.
7. On October 9, 2026, Plaintiff’s counsel Rachel Green replied to my email and agreed to
the requested extension of time for Defendant to file an Answer.
8. This change extends the Court-ordered deadline of October 16, 2026 for Defendant to file
an Answer but does not otherwise disturb the Case Management Conference set for November 19, 2026.
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 4 of 6

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 5
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I declare under penalty of perjury under the laws of the United States that the above is true and
accurate to the best of my information, knowledge, and belief. Executed this 9th day of October 2026, in
San Francisco, California.
/s/ Kenneth J. Kao
KENNETH J. KAO
Assistant United States Attorney
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 5 of 6

JOINT STIP TO EXTEND TIME TO COMPLY WITH GO-71 AND FOR DEFENDANT TO ANSWER; DECLARATION
No. 3:26-cv-03444-TSH 6
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[PROPOSED] ORDER
The deadline for the parties to comply with the General Order 71 Initial Discovery Protocols shall be
extended three weeks, from October 12, 2026, to November 2, 2026.
The deadline for Defendant to file an Answer to the Complaint shall be extended three weeks, from
October 16, 2026, to November 6, 2026.
Pursuant to stipulation, IT IS SO ORDERED.
DATED: October 13, 2026
THE HON. THOMAS S. HIXSON
United States Magistrate Judge
Case 3:26-cv-03444-TSH Document 32 Filed 10/13/26 Page 6 of 6