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

Filing 33

ORDER GRANTING 32 Joint Motion to Continue Scheduling Conference. The Scheduling Conference currently set for 8/22/2017, is CONTINUED to 11/21/2017, at 09:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file their joint scheduling report no later than 11/14/2017. Order signed by Magistrate Judge Sheila K. Oberto on 8/10/2017. (Timken, A)

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1 PHILLIP A. TALBERT United States Attorney 2 PHILIP A. SCARBOROUGH (SBN 254934) Assistant United States Attorney 3 501 I Street, Suite 10-100 Sacramento, CA 95814 4 Telephone: (916) 554-2700 Facsimile: (916) 554-2900 5 Philip.Scarborough@usdoj.gov 6 Attorneys for the United States of America 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL KIM, et al., CASE NO. 1:16-CV-01656-LJO-SKO Plaintiffs, 11 12 JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE AND ORDER v. (Doc. 32) 13 14 UNITED STATES OF AMERICA, Defendant. 15 DATE: TIME: COURT: JUDGE: August 22, 2017 10:15 a.m. Courtroom 7, 6th Floor Hon. Sheila K. Oberto 16 17 18 19 20 21 22 23 24 25 26 27 28 30 The parties, plaintiffs Daniel Kim, Grace Kim, Hannah Kim, Francis S. Lee, and Vivian Lee, and defendant the United States of America, by and through their undersigned counsel, respectfully move to continue the scheduling conference and the deadline to file the joint scheduling report. By order of the Court dated June 6, 2017 (ECF 27), the Court continued the deadline for filing the joint scheduling report until August 15, 2017, and continued the initial scheduling conference until August 22, 2017, because the United States’ Motion to Dismiss for Lack of Subject Matter Jurisdiction (ECF 19) was pending before the Court. On June 16, 2017, the Court issued an order granting the United States’ motion to dismiss. ECF 28. The Court gave plaintiffs leave to amend. See id. at 16. Plaintiffs thereafter filed a First Amended Complaint. ECF 29. The United States has until August 25, 2017, to respond to the First Amended Complaint. See ECF 31. The United States intends to file a motion to dismiss the First Amended Complaint. To permit the Court sufficient time to address the anticipated motion to dismiss, the parties JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE AND ORDER 1 1 jointly stipulate and move the Court for an order continuing the initial scheduling conference 90 days, to 2 November 20, 2017, or such other date as may be convenient for the Court, with the joint scheduling 3 report to be filed one week prior to the scheduling conference. Respectfully submitted, 4 5 Dated: August 8, 2017 PHILLIP A. TALBERT United States Attorney 6 7 By: /s/ Philip A. Scarborough PHILIP A. SCARBOROUGH Assistant United States Attorney Attorneys for the United States of America 8 9 Dated: August 9, 2017 GIRARDI KEESE 10 11 By: /s/ Kelly C. Winter KELLY CHRISTINA WINTER Attorneys for Plaintiff 12 13 ORDER 14 Good cause appearing, the parties’ above stipulated request to continue the initial scheduling 15 16 conference (Doc. 32) is GRANTED. The scheduling conference currently set for August 22, 2017, at 17 10:15 a.m., is continued to November 21, 2017, at 9:30 a.m. in Courtroom 7 before Magistrate Judge 1 18 Sheila K. Oberto. The parties shall file their joint scheduling report no later than November 14, 2017. 19 20 IT IS SO ORDERED. 21 August 10, 2017 Dated: 22 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 30 1 The parties requested to reset the scheduling conference on Monday, November 20, 2017, but since Magistrate Judge Oberto conducts scheduling conferences on Tuesdays and Thursdays, the date has been adjusted to the following Tuesday. JOINT MOTION TO CONTINUE SCHEDULING CONFERENCE AND ORDER 2

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