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)

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: [phone]
Facsimile: [phone]
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6 Attorneys for Defendants
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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12 David Shayne Heine, California Veal Tech, Inc.
a California corporation,
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Plaintiffs,
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v.
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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,
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Defendants.
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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.
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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

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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.
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Respectfully submitted,

5 Dated: February 12, 2014

BENJAMIN B. WAGNER
United States Attorney

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/s/ Benjamin E. Hall
BENJAMIN E. HALL
Assistant U.S. Attorney
Attorney for Defendants

9 Dated: February 12, 2014

THE ZUMWALT LAW FIRM, APC.

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[As Authorized February 12, 2014]

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/s/ Graham S. Lopez
GRAHAM S. LOPEZ
Attorneys for Plaintiffs

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ORDER

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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.
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19 Dated: 2/13/2014

/s/ SANDRA M. SNYDER ____
United States Magistrate Judge

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STIPULATION AND PROPOSED ORDER
TO CONTINUE SCHEDULING CONFERENCE

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