Franklin v. United States

Filing 127

STIPULATION and ORDER to Continue Certain Dates in Pre-Trial Order, signed by Magistrate Judge Michael J. Seng on 7/25/14: Opposition to Motions in Limine, Trial Briefs and Original and five copies of all trial Exhibits along with exhibit lists to be submitted deadlines extended to August 6, 2014. All other dates and provisions of the Pre-Trial Order 119 shall remain unchanged. (Hellings, J)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY J. LODGE
Assistant United States Attorney
ALYSON A. BERG
Assistant United States Attorney
United States Attorney’s Office
Eastern District of California
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] (telephone)
[phone] (facsimile)

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMERY L. FRANKLIN, III,

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Plaintiff,

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v.

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UNITED STATES OF AMERICA,

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Defendant.

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Case No. 1:10-cv-00142-LJO-MJS-PC
STIPULATION TO CONTINUE
CERTAIN DATES IN PRE-TRIAL
ORDER; ORDER
Trial: August 14, 2014
Time: 8:30 a.m.
Dept. 6
Magistrate Judge Michael J. Seng

Plaintiff Emery L. Franklin, III (“Plaintiff”) and Defendant United States of America (“United

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States”) hereby stipulate to continue certain dates contained in the Pre-Trial Order [Dkt 119]. The

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parties stipulate to continue the date on which to file their optional trial briefs and submit their

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respective trial exhibits currently due on July 28, 2014 to August 6, 2014. The parties also stipulate to

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continue the date by which to oppose any motions in limine from July 28, 2014 to August 6, 2014.

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The parties base this stipulation on good cause as the Plaintiff, who is representing himself in

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this action, has been in transit pursuant to the Order & Writ of Habeas Corpus Ad Testificandum to

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Transport Emery L. Franklin [Dkt 120] for the upcoming trial in this matter. As outlined in Plaintiff’s

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Letter to the Judge [Dkt 124] filed July 16, 2014, Plaintiff began his transport from Lompoc, California

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on Monday July 14, 2014. Plaintiff arrived in Fresno on Wednesday, July 23, 2014. The United States

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arranged a trial exhibit conference on Thursday, July 24, 2014. At that time, the United States provided

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Plaintiff with the United States’ motions in limine and agreed to provide: 1) a full and complete copy of

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STIPULATION TO CONTINUE CERTAIN DATES IN PRE-TRIAL ORDER; ORDER

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Plaintiff’s exhibits for trial preparation; and 2) a full and complete copy of the United States’ trial

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exhibits on or before July 25, 2014.

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The parties request the court endorse this stipulation by way of formal order.

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Current Date

New Date

Last day to file and serve any
Opposition to Motions in Limine

July 28, 2014

August 6, 2014

Optional Trial Briefs

July 28, 2014

August 6, 2014

Original and five copies of all trial
Exhibits along with exhibit lists to
be submitted

July 28, 2014

August 6, 2014

All other dates and provisions of the Pre-Trial Order [Dkt 119] shall remain unchanged.
Respectfully submitted,

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Dated: July 24, 2014

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/Jeffrey J. Lodge
JEFFREY J. LODGE
Assistant U.S. Attorney
Attorneys for the United States

Dated: July 24, 2014

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/s/Emery L. Franklin III
Emery L. Franklin III
Plaintiff In Pro Per

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ORDER

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Having reviewed the stipulation submitted by the parties, the court continues the dates as
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outlined above from July 28, 2014 to August 6, 2014. All other dates and provisions of the Pre-Trial
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Order [Dkt 119] shall remain unchanged.
IT IS SO ORDERED.

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Dated:

July 25, 2014

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
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STIPULATION TO CONTINUE CERTAIN DATES IN PRE-TRIAL ORDER; ORDER

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STIPULATION TO CONTINUE CERTAIN DATES IN PRE-TRIAL ORDER; ORDER

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