Ronald L. Porter v. Donald C. Winters

Filing 142

STIPULATION and ORDER to Vacate The Scheduling Order: All previously set dates are Vacated. 'New' TELEPHONIC SCHEDULING/STATUS CONFERENCE is set for Friday, October 21, 2011 at 10:00 AM before Magistrate Judge Sandra M. Snyder. A Joint Scheduling Conference Report is due one week prior to the 10/21/2011 hearing. signed by Magistrate Judge Sandra M. Snyder on 8/15/2011. (Herman, H)

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BENJAMIN B. WAGNER
United States Attorney
J. EARLENE GORDON
Assistant U. S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: [phone]

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Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT FOR THE

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EASTERN DISTRICT OF CALIFORNIA

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RONALD L. PORTER,

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Plaintiff,

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1:07-cv-00825-AWI-SMS
STIPULATION AND ORDER TO VACATE
THE SCHEDULING ORDER

v.
RAY MABUS, Secretary of the
Navy,

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Defendant.
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Plaintiff Ronald L. Porter and Defendant Ray Mabus, Secretary of the Navy, by and through their

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respective counsel, and request the Court to vacate all deadlines and dates in the Court’s Scheduling

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Order, for the reason that, as discussed in the June 16, 2011 conference, there are ongoing discovery

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issues being addressed by the parties which will necessitate additional time to complete, and the

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deadlines contained in the Scheduling Order cannot be met. At the direction of the Court, the parties are

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working on a Proposed Order addressing those discovery issues, which should be filed shortly.

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Although the parties are proceeding with due diligence, it is apparent that vacation of the

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deadlines in the Scheduling Order is necessary to resolve these serious pending issues before the Court,

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and to enable the parties to effectively prepare for a trial of this case, or, if appropriate, to participate in

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the ADR process.

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The parties make this motion in good faith, and not for the purpose of vexation or delay.

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The parties also request that this case be set for a new scheduling/status conference in October
at the first available Court date, with the parties to appear by telephone.

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Respectfully Submitted,

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Dated: August 12, 2011
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_/s/ Elaine W. Wallace
By: Elaine W. Wallace [SBN 784811]
Attorneys for plaintiff
Ronald L. Porter

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Dated: August 12, 2011

BENJAMIN B. WAGNER
United States Attorney

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By:
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/s/ J. Earlene Gordon
J. EARLENE GORDON
Assistant U.S. Attorney
Attorney for Defendant

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ORDERED

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All previously set dates are hereby Ordered Vacated and a ‘New’ Telephonic
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Scheduling/Status Conference hearing is set for Friday, October 21, 2011 at 10:00 A.M. before
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Judge Snyder. A conference call will be placed that morning to 559-499-5690, when all the
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parties are on the line. A JOINT Scheduling Conference Report is due one week prior to
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October 21, 2011 hearing.
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IT IS SO ORDERED.
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Dated:
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August 15, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE