Kim et al v. U.S. Secretary of The Interior et al

Filing 17

ORDER GRANTING 15 Joint Motion to Continue Scheduling Conference. Scheduling Conference currently set for 2/23/2017, is CONTINUED to 4/25/2017, at 10:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their Joint Scheduling Report by no later than 4/18/2017. Order signed by Magistrate Judge Sheila K. Oberto on 2/10/2017. (Thorp, J)

GIRARDI | KEESE
1 THOMAS V. GIRARDI, State Bar No. 36603
JAMES G. O'CALLAHAN, State Bar No. 126975
2 KELLY CHRISTINA WINTER, State Bar No. 291398
1126 Wilshire Boulevard
3 Los Angeles, California 90017
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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11 DANIEL KIM, an individual; GRACE
KIM, an individual; HANNAH KIM, a
12 minor through her guardian GRACE
13 KIM; FRANCIS S. LEE, an individual;
VIVIAN LEE, an individual,,
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Plaintiffs,
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Case No. 1:16-cv-01656-LJO-SKO
ORDER GRANTING JOINT
MOTION TO CONTINUE
SCHEDULING CONFERENCE

v.

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U.S. SECRETARY OF THE
18 INTERIOR, U.S. NATIONAL PARK
19 SERVICE, and YOSEMITE
NATIONAL PARK; DOES 1-20,
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Defendants.
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ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

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JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

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TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN

3 DISTRICT OF CALIFORNIA, EACH PARTY, AND TO THE COUNSEL OF
4 RECORD FOR EACH PARTY:
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Plaintiffs DANIEL KIM, GRACE KIM, HANNAH KIM, a minor through

6 her guardian GRACE KIM, FRANCIS S. LEE, and VIVIAN LEE, together with
7 Defendant the United States of America,1 hereby submit this joint motion to
8 continue the scheduling conference currently set in this matter for February 23, 2017
9 at 9:45 a.m. in front of Hon. Sheila K. Oberto in the above-captioned Courthouse to
10 a later date for the reasons appearing below.
11

Plaintiffs filed this action on November 2, 2016. [Doc. 1]. On December 1,

12 2016, Plaintiffs filed a Proof that the Summons and Complaint had been served on
13 the U.S. Department of the Interior. [Doc. 8-10]. However, Federal Rule of Civil
14 Procedure 4(i) requires additional steps to be completed in order to perfect service
15 on the United States. Service was perfected on or around January 26, 2017, and
16 proof thereof will be filed forthwith. The United States has 60 days from the date
17 service was perfected to file a response to the complaint. See Fed. R. Civ. P.
18 12(a)(2).
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Counsel for Plaintiffs and counsel for Defendants have met and conferred

20 regarding the upcoming Scheduling Conference. Counsel for the United States has
21 communicated to counsel for Plaintiffs that he will be traveling on official business
22 from February 6 through February 17, 2017. Additionally, because the United
23 States is not required to file a response to the complaint before February 23, 2017,
24 counsel for Plaintiff and counsel for the United States respectfully submit that it will
25 be most efficient to continue the conference currently scheduled for February 23,
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1

The Complaint names the U.S. Secretary of the Interior, the U.S. National Park Service, and
Yosemite National Park as defendants. However, under 28 U.S.C. §§ 1346(b)(1), 2672, and
28 2679(a), the only proper defendant in this case is the United States.

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ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

1 2017 to a later date, after the United States has filed a response to the complaint.
2 Accordingly, the parties respectfully request a three-month continuance.
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WHEREFORE, Plaintiffs DANIEL KIM, GRACE KIM, HANNAH KIM, a

4 minor through her guardian GRACE KIM, FRANCIS S. LEE, and VIVIAN LEE,
5 together with Defendant the United States of America, respectfully request that this
6 Court continue the scheduling conference currently set for February 23, 2017, as
7 well as any corresponding requirements to submit a joint scheduling report. .
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9

Respectfully submitted,

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11 DATED: February 9, 2017

GIRARDI | KEESE

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By:

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/s/ Kelly C. Winter
KELLY CHRISTINA WINTER
Attorneys for Plaintiffs

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17 DATED: February 8, 2017
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PHILLIP A. TALBERT
United States Attorney

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By:

/s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for the United States of America

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ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

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CERTIFICATE OF CONFERENCE
I hereby certify that in an attempt to resolve the issues described in the above

3 Motion, I conferred with Philip A. Scarborough, counsel for the United States of
4 America, who joined in the request for the relief identified above.
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6 DATED: February 9, 2017

GIRARDI | KEESE

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By:

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/s/ Kelly C. Winter
KELLY CHRISTINA WINTER
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing pleading has been served on
counsel for Defendants by providing same via electronic mail and U.S. mail on this,
the 9th day of February, 2017.

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17 DATED: February 9, 2017

GIRARDI | KEESE

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By:

/s/ Kelly C. Winter
KELLY CHRISTINA WINTER
Attorneys for Plaintiffs

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ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

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ORDER
Based on the parties’ above “Joint Motion to Continue Scheduling

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3 Conference” (Doc. 15), the Court GRANTS the parties’ request to continue the
4 Scheduling Conference currently set for February 23, 2017.
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Accordingly, the Court CONTINUES the Scheduling Conference to April

6 25, 2017, at 10:30 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila
7 K. Oberto. The parties shall file their Joint Scheduling Report by no later than
8 April 18, 2017.
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10

IT IS SO ORDERED.

11 Dated:
12

February 10, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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ORDER GRANTING JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE

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