Mann et al v. United States of America

Filing 10

STIPULATION and ORDER to continue Scheduling Conference from 2/25/2014 to 5/6/2014 at 03:30 PM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. The joint scheduling report is now due 4/29/2014. Signed by Magistrate Judge Stanley A. Boone on 2/12/2014. (Hernandez, M)

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Kenneth C. Ward (Bar No. 63131)
[e-mail]
John L. Kortum (Bar No. 148573)
[e-mail]
Matthew D. Barnette (Bar No. 264954)
[e-mail]
ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
Attorneys for Defendants
UNITED STATES OF AMERICA, DEPARTMENT
OF JUSTICE and NATIONAL PARK SERVICE

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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ROGER MANN, an individual;
SHERRIE MANN, an individual,
Plaintiffs,

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v.

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Case No. 1:13-cv-01827-AWI-SAB
AMENDED STIPULATION TO
CONTINUE SCHEDULING
CONFERENCE

UNITED STATES OF AMERICA,
Defendant.

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Defendant UNITED STATES OF AMERICA and Plaintiffs ROGER MANN and

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SHERRIE MANN (collectively, the “Parties”) by and through their counsel of record in this

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action, hereby agree and stipulate as follows:

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To continue the February 18, 2014 deadline to file a Joint Scheduling Report until April
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29, 2014 and to continue the Scheduling Conference currently set for February 25, 2014 until
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May 6, 2014.
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AIGX023/1749550-1

STIP: CONTINUING SCHEDULING CONF
1:13-CV-01827-AWI-SAB

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I.
RELEVANT PROCEDURAL BACKGROUND
Plaintiffs Roger Mann and Sherrie Mann filed their complaint within the United States
District Court Eastern District of California on November 12, 2013. As detailed within the
complaint, this case involves damages arising from the contraction of the Hantavirus. (Complaint,
¶10). On November 13, 2013, this Court issued an Order Setting a Mandatory Scheduling
Conference for February 25, 2014. Defendant United States of America filed its answer to
Plaintiffs’ complaint on January 27, 2014.
Since filing this answer, Defendant United States of American has received an amended
pleading alleging similar factual information in a hantavirus case filed in Middle District of
Pennsylvania (case NO: 4:13-CV-2611), notice of a future hantavirus complaint against
Defendant USA in the Eastern District of California (related to case NO: 1:13-cv-00298-AWISKO), and indication of a similar case in the Northern District of California.
Based on these known cases, along with future anticipated related actions pending in
different districts covering one or more common questions of fact, Defendant United States of
America is in the process of seeking the transfer of all actions to the Eastern District of California
for Multidistrict Litigation pursuant to 28 U.S.C. § 1407.
If the transfer request is approved, a Multidistrict Litigation panel will assist the parties in
resolving disputed facts, ruling on defenses, coordinating discovery deadlines, and setting pretrial matters. As noted within the 28 U.S.C. § 1407, the transfers for such proceedings is intended
for the convenience of parties and witnesses and will promote the just and efficient conduct of
such actions. As a result, the parties stipulate that it may be premature to agree upon items #1-13
as requested within this court’s November 13, 2013 scheduling order.

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II.
AUTHORITY FOR STIPULATION

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Based on this procedural history and anticipated future handling, pursuant to Federal

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Rules of Civil Procedure Rule 16(b), good cause exists to extend the deadline to file a Joint

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Scheduling Report and good cause exists to continue the Scheduling Conference until the dates

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requested by the parties or until dates convenient within this Court’s calendar.
AIGX023/1749550-1

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STIP: CONTINUING SCHEDULING CONF
1:13-CV-01827-AWI-SAB

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Pursuant to Local Rule 144(d), the parties sought to obtain a necessary extension from the

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Court as soon as the need for an extension became apparent. Pursuant to Local Rule 144(b), no

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prior stipulations regarding the Scheduling Conference has been executed by the parties.

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IT IS SO STIPULATED.
Dated: February 10, 2014

ARCHER NORRIS APLC

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/s/ K.C. Ward
Kenneth C. Ward
John L. Kortum
Matthew D. Barnette
Attorneys for Defendants
UNITED STATES OF AMERICA,
DEPARTMENT OF JUSTICE and
NATIONAL PARK SERVICE

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Dated: February 10, 2014

CALLAHAN, THOMPSON, SHERMAN &
CAUDILL, LLP

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/s/ Robert W. Thompson
ROBERT W. THOMPSON,
CHARLES S. RUSSELL
BRYAN S. OWENS
Attorneys for Plaintiffs
ROGER MANN and SHERRIE MANN

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IT IS ORDERED that the forgoing Agreement is approved.

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The Joint Scheduling Report shall be filed by April 29, 2014

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The Scheduling Conference is now set for May 6, 2014 at 3:30 p.m.

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IT IS SO ORDERED.

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Dated:

February 12, 2014
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

0mee
AIGX023/1749550-1

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STIP: CONTINUING SCHEDULING CONF
1:13-CV-01827-AWI-SAB