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

Filing 73

ORDER GRANTING REQUEST TO CONTINUE TEMPORARY STAY OF DISCOVERY. Order signed by Magistrate Judge Sheila K. Oberto on 8/25/2021. (Kusamura, W)

Case 1:16-cv-01656-NONE-SKO Document 73 Filed 08/25/21 Page 1 of 2
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: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL KIM, et al.,

CASE NO. 1:16-CV-01656-NONE-SKO
Plaintiffs,

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v.

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(Doc. 72)

UNITED STATES,
Defendant.

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ORDER GRANTING REQUEST TO CONTINUE
TEMPORARY STAY OF DISCOVERY

JUDGE:

Hon. Sheila K. Oberto

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Pending before the Court is the parties’ joint request to continue the temporary stay of discovery.

17 (Doc. 72.) Good cause appearing, the request is GRANTED.
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On January 28, 2021, the parties participated in a mediation with a private mediator. Although

19 the case did not settle at the mediation, the parties have remained engaged in good faith settlement
20 discussions with the assistance of the mediator since that time and continue to negotiate in good faith.
21 The parties advise the Court that they believe the most productive way forward is to continue to focus on
22 settlement discussions rather than conducting discovery.

A continuance of the discovery stay is

23 necessary to avoid any question about whether the parties should also have been conducting discovery
24 simultaneously with their settlement efforts and to avoid the expense of discovery that may become
25 unnecessary. No party will be prejudiced by the requested continuance, which is of a modest duration.
26 If the case does not settle, the parties can resume discovery after the stay expires.
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ORDER

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Case 1:16-cv-01656-NONE-SKO Document 73 Filed 08/25/21 Page 2 of 2
Accordingly, the Court orders that the stay of all discovery in this matter is CONTINUED until

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2 December 30, 2021. On or before that date, the parties SHALL file a joint status report detailing the
3 status of their mediation efforts and proposing a schedule for the prompt resumption of discovery.
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IT IS SO ORDERED.

6 Dated:
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August 25, 2021

/s/ Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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ORDER

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