Castillo v. United States Internal Revenue Service

Filing 23

STIPULATION and ORDER to CONTINUE Scheduling Conference, signed by Magistrate Judge Sheila K. Oberto on 1/16/2014. (The Scheduling Conference currently set for 1/23/2014, is CONTINUED to 3/27/2014, at 09:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto.)(Gaumnitz, R)

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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 Defendant 7 8 IN THE UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Case No. 1:13-cv-00517-AWI-SKO 11 HEATHER CASTILLO, 13 STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE Plaintiff, 12 v. 14 UNITED STATES INTERNAL REVENUE SERVICE, 15 Defendant. 16 17 18 The parties to this action hereby stipulate and request that the Mandatory Scheduling 19 Conference set for January 23, 2014, be further continued to March 27, 2014, at 9:15 a.m. in 20 Courtroom 7, for the reasons set forth below. Defendant has filed a Motion to Dismiss (Doc. 12), 21 which the Court took under submission without oral argument by order dated August 27, 2013 (Doc. 22 16). In the motion, defendant asserts that the Complaint for Damages and Injunctive Relief: Lack of 23 Reasonable Accommodation Under the Rehabilitation Act of 1973 [29 U.S.C. § 701 et seq.] (Doc. 1) 24 names an improper defendant, seeks relief under the wrong statute, demands relief not available as a 25 matter of law, and asserts a claim over which the court lacks subject matter jurisdiction. The Court’s 26 resolution of the pending motion will determine the parties, claims and remedies that will be the 27 subject of this litigation, if any, and the parties submit that the interests of judicial economy and 28 economy to the parties therefore would be best served by the requested continuance. STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE 30 1 1 Respectfully submitted, 2 Dated: January 16, 2014 BENJAMIN B. WAGNER United States Attorney 3 / /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorney for Defendant 4 5 6 7 Dated: January 16, 2014 LAW OFFICES OF STEPHEN LABIAK 8 9 / /s/ Stephen Labiak STEPHEN LABIAK Attorney for Plaintiff 10 11 12 13 ORDER Based on the parties’ Stipulation, the Scheduling Conference presently set for January 23, 2014, is continued to March 27, 2014, at 9:15 a.m. in Courtroom 7. 14 15 16 17 IT IS SO ORDERED. 18 Dated: January 16, 2014 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER TO CONTINUE SCHEDULING CONFERENCE 30 2

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