United States v. Approximately $28,120.00 in U.S. Currency

Filing 34

STIPULATION to (1) Stay Discovery for 120 days; (2) Withdraw Claimant's Motion to Stay Discovery; and (3) Continue Scheduling Conference Order Dates; ORDER. (1) Discovery is STAYED for 120 days from the date of this order; (2) Claimant's Motion to stay discovery (Doc. 30) is withdrawn and the hearing set for 5/27/2014 at 11:00 am is VACATED; (3) All dates currently set forth in Court's Schedule Order (Doc. 26) shall be rescheduled to the follo wing dates: 1. Non-Expert Discovery by 1/10/2015. 2. Expert Disclosures by 1/10/2015. 3. Rebuttal Expert Disclosures by 2/5/2015. 4. Expert Discovery by 3/11/2015. 5. Non-Dispositive Motion filing by 5/8/2015. 6. Dispositive Motion filing b y 6/10/2015. 7. PRETRIAL CONFERENCE set for 9/16/2015 (was 6/10/2015) at 10:00 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. 8. JURY TRIAL set for 11/17/2015 (was 8/11/2015) at 08:30 AM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. signed by Magistrate Judge Barbara A. McAuliffe on 5/14/2014. (Herman, H)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant United States Attorney
3 United States Courthouse
2500 Tulare Street, Suite 4401
4 Fresno, California 93721
[phone] Telephone
5 [phone] Facsimile
6 Attorneys for United States of America
7

IN THE UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

UNITED STATES OF AMERICA,

11
12
13
14

Plaintiff,
v.
APPROXIMATELY $28,120.00 IN U.S.
CURRENCY,
Defendant.

1:13-CV-00640-AWI-BAM
STIPULATION TO (1) STAY DISCOVERY
FOR 120 DAYS (2) WITHDRAW
CLAIMANT’S MOTION TO STAY
DISCOVERY, AND (3) CONTINUE
SCHEDULING CONFERENCE ORDER
DATES; ORDER

15
16
17
18
19
20
21
22
23
24
25
26
27
28

The United States of America and claimant Jean Labanda (“Claimant”), by and
through their attorneys of record, hereby stipulate to stay discovery for 120 days. The
parties also stipulate that Claimant’s motion to stay discovery (ECF. No. 30) is withdrawn.
The parties finally stipulate and move for a continuance of the dates currently set forth in
the Court’s Scheduling Order (ECF No. 26).
On April 15, 2014, Claimant filed a motion to dismiss the complaint. (ECF No. 29).
On April 30, 2014, Claimant filed a motion to stay discovery pending a ruling on the
motion to dismiss. (ECF No. 30).
The parties jointly agree to stay discovery for 120 days (from the date of entry of
this order), pending a ruling on the motion to dismiss. The parties’ agreement obviates
the need for a ruling on Claimant’s motion to stay discovery and Claimant agrees that the
motion to stay (ECF No. 30) is withdrawn. If the Court denies the motion to dismiss (ECF
Stipulation to Continue Scheduling Conference Order Dates; Order

30

1

1 No. 29), the parties may commence discovery immediately. If, after the conclusion of 120
2 days, the motion to dismiss has not been decided, the parties will meet and confer and
3 attempt to reach agreement on the handling of discovery.
4

The parties’ current agreement to stay discovery for 120 days leaves the parties

5 with insufficient time to conduct discovery given the current schedule.

The parties

6 therefore request a continuance of all dates set forth in the scheduling order, including the
7 trial date.
8

The parties hereby stipulate and propose that the dates set forth in the Court’s

9 Scheduling Order (ECF No. 26) be changed to the following dates. The parties understand
10 the Court’s schedule may not allow for the exact dates requested and agree to any
11 alternate dates proposed by the Court.
12

Scheduling Order Date

Current Date/Deadline

Proposed New Date

13

Non-Expert Discovery
Cutoff

October 10, 2014

January 10, 2015

14

Expert Disclosure

October 10, 2014

January 10, 2015

15

Supplemental Expert
Disclosure

November 7, 2014

February 5, 2015

December 12, 2014

March 11, 2015

January 5, 2015

May 8, 2015

March 6, 2015
June 10, 2015
August 11, 2015

June 10, 2015
September 12, 2015
November 15, 2015

16
17
18
19
20

Expert Discovery Cutoff
Non-Dispositive Motion
Filing
Dispositive Motion Filing
Pre-Trial Conference Date
Jury Trial Date

21
22
23

The parties believe that, given the pending dispositive motion, the Court’s granting
of such continuance would be in the best interests of the parties and judicial economy.

24
25

Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney

DATED: May 2, 2014

26
27

/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK

28
Stipulation to Continue Scheduling Conference Order Dates; Order

30

2

Assistant United States Attorney

1
2

4

/s/ Jacek W. Lentz
JACEK W. LENTZ, ESQ.
Attorney for Claimant Jean Labanda

5

(As authorized by email May 2, 2014)

3

DATED: May 2, 2014

6
ORDER
7

The Court having considered the parties’ Stipulation finds that good cause exists to GRANT the

8 parties’ stipulation. Accordingly IT IS HEREBY ORDERED that:
9

1.

Discovery is STAYED for 120 days from the date of entry of this order;

10

2.

Claimant’s motion to stay discovery (ECF No. 30) is withdrawn and the hearing set for
May 27, 2014 at 11:00 am is VACATED;

11
12

3.

All dates currently set forth in the Court’s Scheduling Order (ECF No. 26) shall be
rescheduled to the following dates:

13

1.

Non-Expert Discovery Cutoff:

January 10, 2015

2.

Expert Disclosures:

January 10, 2015

15

3.

Rebuttal Expert Disclosures:

February 5, 2015

16

4.

Expert Discovery Cutoff:

March 11, 2015

17

5.

Non-Dispositive Motion Filing:

May 8, 2015

18

6.

Dispositive Motion Filing:

June 10, 2015

19

7.

Pre-Trial Conference:

September 16, 2015 at 10:00 a.m.

20

8.

Jury Trial:

November 17, 2015 at 8:30 a.m.

14

21 IT IS SO ORDERED.
22
23

Dated:

/s/ Barbara

May 14, 2014

_

UNITED STATES MAGISTRATE JUDGE

24
25
26
27
28
Stipulation to Continue Scheduling Conference Order Dates; Order

30

A. McAuliffe

3