Pinnacle Armor, Inc. vs. USA

Filing 84

ORDER to continue discovery motion and response dates. Based on the stipulation of all parties to this action, the Court directs that: Plaintiffs motion for discovery, or a stipulation for discovery and/or supplementation of the RAR in lieu of a motion for discovery, shall be filed on or before March 29, 2013, and Defendants response to a motion for discovery, if any, be filed on or before April 5, 2013. Order signed by Magistrate Judge Stanley A Boone on 2/28/2013. (Hernandez, M)

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ERIC H. SAIKI (SBN 155762)

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RADCLIFF & SAIKI LLP
21515 Hawthorne Blvd. Suite 650
Torrance, CA 90503
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff, PINNACLE ARMOR, INC.

[e-mail]
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PINNACLE ARMOR, INC,

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Plaintiff,
v.

Case No.:

1:07-cv-01655-LJO-SABB

STIPULATION AND ORDER TO
CONTINUE DISCOVERY MOTION AND
RESPONSE DATES

UNITED STATES OF AMERICA,

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Defendant.

March 1, 2013

New Date:

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Current Date:

March 29, 2013

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IT IS HEREBY STIPULATED by and between Plaintiff on the one hand, and Defendant,

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on the other hand, by and through their counsel of record pursuant to Local Rule 144(a) and

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subject to this Court’s approval, to the following:

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1.

On February 12, 2013, the Court issued its Order re Plaintiff’s Motion to

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Supplement the Administrative Record (ECF 81). The Order allowed Plaintiff to file a very

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narrow motion for discovery to uncover whether the National Institute of Justice (“NIJ”)

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considered additional data from the Army or DOD, and set the deadline for filing said motion for

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March 1, 2013;

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2.

Accordingly, counsel for Plaintiff and Defendant are meeting and conferring over

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a stipulation as to the nature of any discovery and/or to supplement the Revised Administrative

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Record (“RAR”) with Army or DOD data, which is continuing;

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3.

In view of the above, and because counsel for Defendant is scheduled to be on

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vacation during the week that the response to a discovery motion is due (March 8, 2013), the

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parties believe there is good cause to continue the motion deadline to March 29, 2013, with the

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response deadline continued accordingly to April 5, 2013;

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4.

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meet and confer efforts which will obviate the need for a discovery motion. The parties further

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anticipate that once said discovery and/or supplementation of the RAR is resolved by stipulation,

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they will be able to stipulate to a schedule for resolution of this case on the merits by cross-

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motions for summary judgment in a manner that will also allow for an attempt to informally

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The parties anticipate that the additional time will result in a stipulation based on their

resolve this action prior to the filing of said cross-motions.

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Dated: February 27, 2013

RADCLIFF & SAIKI, LLP

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By: /s/ Eric H. Saiki
Eric H. Saiki
Attorneys for Plaintiff
PINNACLE ARMOR, INC.

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Dated: February 27, 2013

STUART F. DELERY
Acting Assistant Attorney General

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BENJAMIN B. WAGNER
United States Attorney

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VINCENT M. GARVEY
Deputy Branch Director

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By: /s/ Tamra T. Moore
Tamra T. Moore
Attorneys for Defendant
UNITED STATES OF AMERICA

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ORDER

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Based on the above stipulation of all parties to this action, the Court directs that:

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Plaintiff’s motion for discovery, or a stipulation for discovery and/or supplementation of the

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RAR in lieu of a motion for discovery, shall be filed on or before March 29, 2013, and

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Defendant’s response to a motion for discovery, if any, be filed on or before April 5, 2013.

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IT IS SO ORDERED.

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Dated:

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February 28, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Sig nature-END:

i1eed4

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