Hamilton v. United States of America

Filing 17

Stipulation and Order Regarding Second Amended Complaint and Scheduling Conference. The Scheduling Conference is now set for October 30, 2014 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 07/30/2014. (Yu, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 ALYSON A. BERG
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 Defendant
UNITED STATES
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CECIL HAMILTON and DIANNE
HAMILTON, Individually and as Successors,
DAMGES FOR In Interest, ESTATE OF
WILLIAM E. HAMILTON, Decedent,

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CASE NO. 1:13-CV-01940 LJO-MJS
STIPULATION AND ORDER REGARDING
SECOND AMENDED COMPLAINT AND
SCHEDULING CONFERENCE

Plaintiffs,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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Plaintiffs Cecil Hamilton and Dianne Hamilton, individually, and as Successors, Damages for in

20 Interest, Estate of William E. Hamilton, Decedent (“Plaintiffs”), and Defendant United States (“United
21 States”), stipulate, by and through the undersigned counsel, to allow Plaintiffs file a Second Amended
22 Complaint on or before August 11, 2014, and that the United States will have thirty (30) days from the
23 filing of the Second Amended Complaint to file its response. The parties also jointly request that the
24 Court continue the Scheduling Conference currently set for August 7, 2014 at 10:30 a.m. to October 30,
25 2014, at 11 a.m.
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The parties base this stipulation on good cause, which includes the need for Plaintiffs to remove

27 the Estate as a party to the action and clarify their allegations and then allow the sufficient time for the
28 United States to review the allegations in the Second Amended Complaint and respond accordingly.

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STIPULATION AND PROPOSED ORDER

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1 Because an operative pleading will not be on file at that date of the current Scheduling Conference, good
2 cause exists for a brief continuance of the Scheduling Conference to October 30, 2014, at 11 a.m.
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4 Dated: July 30, 2014

BENJAMIN B. WAGNER
United States Attorney

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By: /s/ Alyson A. Berg
ALYSON A. BERG
Assistant United States Attorney
Attorney for Defendant UNITED STATES

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Dated: July 30, 2014
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Law Office of David C. Anderson

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By:

/s/ David C. Anderson_____________________
DAVID C. ANDERSON
Attorney for Plaintiffs

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ORDER
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For good cause showing, IT IS HEREBY ORERED that:

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1.

Plaintiffs shall file a Second Amended Complaint on or before August 11, 2014;

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2.

The United States shall have thirty (30) days from the filing of the Second Amended

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Complaint to file its response.

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3.

The Scheduling Conference currently set for August 7, 2014 at 10:30 a.m., shall be

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continued to October 30, 2014 at 11 a.m.

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24 IT IS SO ORDERED.
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Dated:

July 30, 2014

/s/

UNITED STATES MAGISTRATE JUDGE

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Michael J. Seng

STIPULATION AND PROPOSED ORDER

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STIPULATION AND PROPOSED ORDER

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