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

Filing 40

STIPULATION to Continue Scheduling Conference Order Dates; ORDER - Non-Expert continued from 1/10/2015 to April 10, 2015; Expert Discovery by continued from 3/11/2015 to April 10, 2015. signed by Magistrate Judge Barbara A. McAuliffe on 10/2/2014. (Herman, H)

1 BENJAMIN B. WAGNER
United States Attorney
2 JEFFREY A. SPIVAK
Assistant United States Attorney
3 United States Courthouse
501 I Street, Suite 10-100
4 Sacramento, California 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for United States of America
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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1:13-CV-00640-AWI-BAM
STIPULATION TO CONTINUE
SCHEDULING CONFERENCE ORDER
DATES; ORDER

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

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The United States of America and claimant Jean Labanda (“Claimant”), by and

18 through their attorneys of record, hereby stipulate as follows:
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On April 15, 2014, Claimant filed a motion to dismiss the complaint. (ECF No. 29).

20 On May 2, 2014, the parties stipulated to stay discovery for 120 days (beginning on May
21 14, 2014), pending a ruling on the motion to dismiss. (ECF No. 31, 34). That stay ended
22 on September 13, 2014. The United States seeks to begin discovery. Claimant desires to
23 continue to stay discovery pending a ruling on Claimant’s dispositive motion. The current
24 deadline to conclude non-expert discovery is January 10, 2015 (roughly 100 days away).
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To avoid an unnecessary discovery dispute, the parties hereby stipulate and request

26 that the Court continue the Non-Expert and Expert Discovery Cutoff dates set forth in the
27 Court’s Scheduling Order (ECF No. 26) as follows:
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Scheduling Order Date

Current Date/Deadline

Proposed New Date

Non-Expert Discovery
Cutoff

January 10, 2015

April 10, 2015

Expert Disclosure

January 10, 2015

No change

Supplemental Expert
Disclosure

February 5, 2015

No change

March 11, 2015

April 10, 2015

May 8, 2015

No change

June 10, 2015
September 16, 2015
November 17, 2015

No change
No change
No change

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

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Respectfully submitted,

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BENJAMIN B. WAGNER
United States Attorney

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/s/ Jeffrey A. Spivak
JEFFREY A. SPIVAK
Assistant United States Attorney

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DATED: September 26, 2014

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/s/ Jacek W. Lentz
JACEK W. LENTZ, ESQ.
Attorney for Claimant Jean Labanda
(As authorized by email on September 26,
2014)

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ORDER

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IT IS SO ORDERED.

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All dates currently set forth in the Court’s Amended Scheduling Order and May 14,

23 2014 Order (ECF No. 26, 34) shall be rescheduled to those dates stipulated to by the
24 parties as set forth hereinabove.
25 IT IS SO ORDERED.
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Dated:
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October 2, 2014

/s/ Barbara

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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