United States of America v. Approximately $158,000.00 in U.S. Currency

Filing 39

STIPULATION and ORDER GRANTING the parties' request for a continuance of the following pretrial deadlines as follows: Non-Expert Discovery due by 12/13/2013; Expert Discovery due by 2/7/2014; Designation of Expert Witnesses due by 12/27/2013; Supplemental Designation of Experts due by 1/10/2014; Non-Dispositive Motions filed by 1/3/2014; Dispositive Motions filed by 2/21/2014. Order signed by Magistrate Judge Sandra M. Snyder on 10/16/2013. (Rooney, M)

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BENJAMIN B. WAGNER
United States Attorney
JEFFREY A. SPIVAK
HEATHER MARDEL JONES
Assistant United States Attorneys
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
[phone] Telephone
[phone] Facsimile
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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UNITED STATES OF AMERICA,

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Plaintiff,
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v.
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APPROXIMATELY $158,000.00 IN U.S. )
CURRENCY,
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Defendant.
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1:12-CV-01260-AWI-SMS
STIPULATION TO CONTINUE
FRCP RULE 16(b)
SCHEDULING ORDER
DISCOVERY DATES;
ORDER THEREON

IT IS HEREBY STIPULATED by and between the United States of America,
claimants James Choe, Steve Yun Lee, and their counsel of record, as follows:
On April 23, 2013, the parties to this matter submitted their Joint Scheduling Report
setting forth the various discovery, disclosure, and dispositive motion dates, as required
pursuant to FRCP Rule 16(b);
The parties now jointly agree that to facilitate and complete full discovery and
disclosure of said discovery, the discovery and disclosure dates currently set forth in the
Joint Scheduling Report and the Court’s Scheduling Order issued pursuant thereto should
be extended;
As the Court is aware, at the end of the day on September 30, 2013, the
appropriations act that had been funding the Department of Justice expired and
appropriations to the Department lapsed. The Department does not know when funding
will be restored by Congress. Absent an appropriation, Department of Justice attorneys and
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Stipulation to Continue FRCP Rule 16(b) Scheduling
Order Dates; [Proposed] Order

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employees are prohibited from working, even on a voluntary basis, except in very limited

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circumstances, including “emergencies involving the safety of human life or the protection

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of property.” 31 U.S.C. § 1342. That exception is not deemed to include most civil cases.

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Indeed, the assigned Assistant U.S. Attorney, AUSA Jeffrey A. Spivak, is currently

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furloughed until appropriations to the Justice Department are restored. Should the lapse of

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appropriations continue, undersigned counsel for defendant United States of America will

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be forced to file a motion, on an expedited basis, requesting a continuance of the herein

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stipulated dates, and as a result, also of the presently scheduled trial. The United States

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has expressed its possible need to file such a motion to Claimants’ Counsel. Claimants’

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Counsel has indicated their intent to oppose such a motion;

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However, the parties are able to currently stipulate and propose that the dates set

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forth in the parties’ Joint Scheduling Report and in the Court’s May 15, 2013 Scheduling

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Order (Doc. 29) should be changed to the following dates:

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Discovery Event

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Non-Expert Discovery
Cutoff
Expert Disclosure
Supplemental Expert
Expert Discovery Cutoff
Non-Dispositive Motion
Filing
Dispositive Motion Filing
Pre-Trial Conference Date
Court Trial Date

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DATED: October 16, 2013

Current Date/Deadline

Proposed New Date

October 18, 2013

December 13, 2013

November 8, 2013
November 29, 2013
January 10, 2014

December 27, 2013
January 10, 2014
February 7, 2014

November 29, 2013

January 3, 2014

February 14, 2014
May 9, 2014
June 17, 2014

February 21, 2014
No change
No change

Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney

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/s/ Heather Mardel Jones for
JEFFREY A. SPIVAK
Assistant United States Attorney

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///

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Stipulation to Continue FRCP Rule 16(b) Scheduling
Order Dates; [Proposed] Order

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DATED: October 16, 2013

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IT IS SO ORDERED

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/s/ Mark A. Broughton
MARK A. BROUGHTON
CHRISTINA A. WIDNER
Attorneys for Claimants James Choe and
Steve Yun Lee
(Original signature retained by attorney)

All dates currently set forth in the Court’s May 15, 2013 Scheduling Order (Doc. 29)
shall be rescheduled to those dates stipulated to by the parties, as set forth hereinabove.

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DATED: 10/16/2013

/s/ SANDRA M. SNYDER
UNITED STATES MAGISTRATE JUDGE

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Stipulation to Continue FRCP Rule 16(b) Scheduling
Order Dates; [Proposed] Order