State Farm Mutual Automobile Insurance Company v. United States of America

Filing 14

Joint STIPULATION and ORDER Continuing Joint Status Report, Pre-Trial Hearing and Court Trial: that the Joint Status Report currently set for June 7, 2016, be and hereby is continued to June 21, 2016. IT IS FURTHER ORDERED that the PRE-TRIAL CONFERE NCE HEARING in this action, currently set for June 14, 2016, be and hereby is continued to August 15, 2016 at 10:00 AM before Judge McAuliffe in Courtroom 8. IT IS FURTHER ORDERED that the COURT TRIAL in this action, currently set for August 2, 2016, be and hereby is continued toTuesday, October 4, 2016 at 8:30 AM before Judge McAuliffe in Courtroom 8. signed by Magistrate Judge Barbara A. McAuliffe on 6/7/2016. (Herman, H)

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Richard L. Mahfouz II (State Bar Number 246739)
Clerkin, Sinclair & Mahfouz, LLP
701 B Street, Suite 1160
San Diego, CA 92101
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff State Farm Mutual Automobile Insurance Company

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Phillip A. Talbert
Acting United States Attorney
Jeffrey J. Lodge
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, CA 93721
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant United States of America

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,

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Plaintiff,
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v.

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Case No. 1:15-cv-00712-BAM
JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
JOINT STATUS REPORT,
PRE-TRIAL HEARING AND COURT
TRIAL DATES

UNITED STATES OF AMERICA,

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Defendant.

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Plaintiff, by and through its counsel, and Defendant, United States of America, by and

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through its attorneys, constituting all the parties appearing in this action, through the undersigned

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counsel of record, hereby stipulate to continue the Joint Status Report from June 7th, 2016, to

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June 21, 2016, further stipulate to continue the Pre-Trial Hearing from June 14th, 2016, to

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August 15, 2016, and to further stipulate to continue the Trial from August 2, 2016, to a date

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suitable for the Court.

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/././.

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Reason For Continuance. The parties are close to settling; however, the statute of

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limitations for all claimants runs June 7, 2016. Therefore, the parties cannot enter into an official

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settlement before June 7, 2016. As Plaintiff is awaiting confirmation of no other administrative

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claims, the parties must wait until after June 7, 2016, to sign the FTCA settlement agreement.

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Based upon the foregoing, the parties respectfully request the Court to order this case be
continued as outlined in this [Proposed] Order.
Now, therefore, IT IS HEREBY STIPULATED by and between all the parties to this
action as follows:
1. That the Joint Status Report, currently set for June 7, 2016, be continued to June 21,
2016; and

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2. That the Pre-Trial Hearing in this action, currently set for June 14, 2016, be
continued to August 15, 2016.

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3. That the Trial in this action, currently set for August 2, 2016, be continued to a date
suitable for the Court.

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SO STIPULATED:

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DATED:

June 2, 2016

CLERKIN, SINCLAIR & MAHFOUZ, LLP

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BY:

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___/s/ Richard L. Mahfouz II_____
Richard L. Mahfouz II,
Attorneys for Plaintiff State Farm Mutual
Automobile Insurance Company

DATED: _____June 2, 2016___

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____/s/ Jeffrey J. Lodge_________
Jeffrey J. Lodge
Assistant U.S. Attorney
Attorney for Defendant

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ORDER

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Based on the Joint Stipulation of the parties, and good cause appearing, IT IS

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ORDERED that the Joint Status Report currently set for June 7, 2016, be and hereby is

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continued to June 21, 2016. IT IS FURTHER ORDERED that the Pre-Trial Conference

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Hearing in this action, currently set for June 14, 2016, be and hereby is continued to August 15,

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2016 at 10:00 AM before Judge McAuliffe in Courtroom 8. IT IS FURTHER ORDERED that

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the Court Trial in this action, currently set for August 2, 2016, be and hereby is continued to

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Tuesday, October 4, 2016 at 8:30 AM before Judge McAuliffe in Courtroom 8.
IT IS SO ORDERED.

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IT IS SO ORDERED.
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Dated:

June 7, 2016

/s/ Barbara

A. McAuliffe

UNITED STATES MAGISTRATE JUDGE