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

Filing 71

ORDER GRANTING Temporary 70 Stay of Discovery signed by Magistrate Judge Sheila K. Oberto on 05/05/2021.(Flores, E)

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1 PHILLIP A. TALBERT Acting 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 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DANIEL KIM, et al., Plaintiffs, 11 v. 12 13 CASE NO. 1:16-CV-01656-NONE-SKO UNITED STATES, JUDGE: Defendant. 14 ORDER GRANTING TEMPORARY STAY OF DISCOVERY Hon. Sheila K. Oberto (Doc. 70) 15 16 17 Pending before the Court is a joint request for a temporary stay of discovery submitted by plaintiffs 18 Daniel Kim, Grace Kim, Hannah Kim, Francis S. Lee, and Vivian Lee (“Plaintiffs”) and defendant the 19 United States. (Doc. 70.) Good cause appearing, the request is GRANTED. 20 On January 28, 2021, the parties participated in a mediation with a private mediator. Although the 21 case did not settle at the mediation, the parties have remained engaged in good faith settlement discussions 22 with the assistance of the mediator since that time and continue to negotiate in good faith. The parties 23 advise the Court that they believe the most productive way forward is to continue to focus on settlement 24 discussions rather than conducting discovery. A stay of the discovery schedule is necessary to avoid any 25 question about whether the parties should also have been conducting discovery simultaneously with their 26 settlement efforts. Neither party will be prejudiced by the requested stay, which is of a modest duration. 27 If the case does not settle, the parties can resume discovery after the stay expires. 28 ORDER 30 1 Accordingly, the Court orders that all discovery in this matter is STAYED until August 30, 2021. 1 2 By no later than August 30, 2021, the parties SHALL file a joint status report detailing the status of their 3 mediation efforts and proposing a schedule for the resumption of discovery. 4 5 IT IS SO ORDERED. 6 Dated: May 5, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER 30 Sheila K. Oberto 2 .

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