Heine et al v. Vilsack et al

Filing 39

Stipulation and Order to continue scheduling conference, signed by Magistrate Judge Sandra M. Snyder on 2/13/2014. Initial Scheduling Conference currently set for 2/19/2014 has been CONTINUED to 4/23/2014 at 11:00 AM in Courtroom 1 (SMS) before Magistrate Judge Sandra M. Snyder. (Figueroa, O)

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1 BENJAMIN B. WAGNER United States Attorney 2 BENJAMIN E. HALL Assistant United States Attorney 3 2500 Tulare Street, Suite 4401 Fresno, CA 93721 4 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 5 6 Attorneys for Defendants 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 David Shayne Heine, California Veal Tech, Inc. a California corporation, 13 Plaintiffs, 14 v. 15 Tim Vilsack in His Official Capacity as United 16 States Secretary of Agriculture, United States Department of Agriculture, United States 17 Department of Agriculture Food Safety and Inspections Service, Yudhbir Sharma, DVM, 18 USDA Employee Known Only as “Dr. Pannu,” USDA Employee Known only as “Ken,”USDA 19 Employee Known only as “Dr. Redding,” USDA Employee Known Only as “Dr. 20 Henley,” Dr. Amy Lieder, Penny Patrali and DOES 1-100 inclusive, 21 Defendants. 22 23 Case No. 1:12-CV-01992-AWI-SMS STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE The parties to this action hereby stipulate and request that the Scheduling Conference set for 24 February 19, 2014, be continued for the reasons set forth herein. 25 This action proceeds on plaintiff’s Third Amended Complaint (Doc. 36). The parties, after 26 conferring, have determined that service of process was not properly effected on certain parties 27 named in the action. In order to avoid motion practice before the Court on issues relating to service 28 of process, plaintiffs have undertaken to correct service of process, and the parties have agreed to STIPULATION AND PROPOSED ORDER TO CONTINUE SCHEDULING CONFERENCE 1 1 request that the Scheduling Conference be deferred so that the issues and parties are properly joined 2 before the case is scheduled. Accordingly, the parties respectfully request that the Court continue 3 the Scheduling Conference to April 17, 2014, or another later date convenient to the Court. 4 Respectfully submitted, 5 Dated: February 12, 2014 BENJAMIN B. WAGNER United States Attorney 6 8 /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorney for Defendants 9 Dated: February 12, 2014 THE ZUMWALT LAW FIRM, APC. 7 10 [As Authorized February 12, 2014] 11 /s/ Graham S. Lopez GRAHAM S. LOPEZ Attorneys for Plaintiffs 12 13 ORDER 14 Good cause appearing, IT IS HEREBY ORDERED that the Scheduling Conference is 15 continued to April 23, 2014, at 11:00 a.m. before Magistrate Judge Sandra M. Snyder. Telephonic 16 appearances are granted with the parties to initiate a one-line conference call to chambers at (559) 17 499-5690. A joint scheduling report is due one full week prior to the hearing. 18 19 Dated: 2/13/2014 /s/ SANDRA M. SNYDER ____ United States Magistrate Judge 20 21 22 23 24 25 26 27 28 STIPULATION AND PROPOSED ORDER TO CONTINUE SCHEDULING CONFERENCE 2

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