1:23-cv-00022•Ressler et al v. Jones
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA John Ressler, Paulette Ressler, ) ) Plaintiffs, ) ) ORDER vs. ) ) Christopher D. Jones, in his official ) capacity as Executive Director of the North ) Dakota Department of Health & Human ) Services, ) Case No. 1:23-cv-022 ) Defendant. ) Before the court is a “Second Stipulation for Extension of Deadline for First Responsive Pleading” filed by the Parties on April 10, 2023. (Doc. No. 4). The Parties had previously agreed to, among other things, a sixty-day extension of Defendant’s deadline to file a responsive pleading. The parties advise that they have now agreed: (1) to further extend Defendant’s deadline to file a responsive pleading until May 1, 2023; and (2) should an amicable resolution not be reached and Plaintiffs obtain a judgment in their favor, such judgment will have a retroactive effect of five months instead of the three months as contemplated by 42 U.S.C. § 1396a(a)(34). The court ADOPTS the Parties’ stipulation (Doc. No. 4) and ORDERS that Defendant shall have until May 1, 2023, to file a responsive pleading in this matter. Dated this 11th day of April, 2023. /s/ Clare R. Hochhalter Clare R. Hochhalter, Magistrate Judge United States District Court Case 1:23-cv-00022-DMT-CRH Document 5 Filed 04/11/23 Page 1 of 1
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