J.I. v. United States of America et al

Filing 42

JOINT STIPULATION AND ORDER TO CONTINUE BRIEFING AND HEARING ON UNITED STATES' MOTION TO CHANGE VENUE signed by Chief Judge Lawrence J. O'Neill on August 17, 2018. (Munoz, I)

1 McGREGOR W. SCOTT
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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J.I.,

CASE NO. 1:18-CV-00363-LJO-SAB
Plaintiff,

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v.

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JOINT STIPULATION AND ORDER TO
CONTINUE BRIEFING AND HEARING ON
UNITED STATES’ MOTION TO CHANGE
VENUE

UNITED STATES,
Defendant.

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DATE:
TIME:
COURT:
JUDGE:

August 27, 2018
8:30 a.m.
Courtroom 4, 7th Floor
2500 Tulare Street
Fresno, CA 93721
Hon. Lawrence J. O'Neill

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Plaintiff J.I. and defendant the United States jointly stipulate as follows.

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On July 27, 2018, the United States filed a motion to change the venue of this action to the

20 United States District Court for the Western District of Texas. ECF 32.
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On August 7, 2018, the Court stayed the limited discovery underway until the motion to transfer

22 was resolved. ECF 39.
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On August 13, 2018, J.I. filed an opposition to the motion to change venue. ECF 40.

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The United States’ reply in support of its motion to change venue is due on August 20, 2018.

25 The hearing on that motion is currently set for August 27, 2018, at 8:30 a.m.
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The parties wish to discuss the possibility of a negotiated resolution to this litigation. Those

27 discussions will be aided by a short continuance of the briefing schedule and hearing date for the
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JOINT STIPULATION AND ORDER TO CONTINUE
BRIEFING AND HEARING ON UNITED STATES’ MOTION
TO CHANGE VENUE

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1 pending motion to change venue. Accordingly, the parties jointly stipulate as follows and respectfully
2 request that the Court adopt the schedule proposed below.
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Hearing on the United States’ motion to change venue (ECF 32) is continued to September 20,

4 2018, at 8:30 a.m.
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The United States’ reply in support of its motion to change venue shall be filed on or before

6 September 13, 2018.
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This continuance is made without prejudice to either party’s position on the pending motion to

8 change venue.
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If the parties reach a negotiated resolution, they shall immediately file a notice to the Court

10 pursuant to Local Rule 160.
Respectfully submitted,

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Dated: August 17, 2018

McGREGOR W. SCOTT
United States Attorney

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By: /s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for the United States

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Dated: August 17, 2018

COBLENTZ PATCH DUFFY & BASS LLP

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/s/ Jeffrey G. Knowles (as authorized on
By: August 17, 2018)
Jeffrey G. Knowles
Attorneys for Plaintiff J.I.

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JOINT STIPULATION AND ORDER TO CONTINUE
BRIEFING AND HEARING ON UNITED STATES’ MOTION
TO CHANGE VENUE

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ORDER
The parties have jointly stipulated to continue the briefing schedule on the United States’ motion

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to change venue (ECF 32) so they can undertake settlement discussions. Good cause for the requested
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extension exists. Accordingly, the hearing on the motion to change venue (ECF 32) is continued to
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September 20, 2018, at 8:30 a.m. The United States’ reply in support of its motion is due on September
13, 2018. This continuance shall be without prejudice to either party’s position with respect to the

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motion to change venue. If the parties reach a negotiated resolution, they shall immediately file a notice
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to the Court pursuant to Local Rule 160.
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10 IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

August 17, 2018

UNITED STATES CHIEF DISTRICT JUDGE

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JOINT STIPULATION AND ORDER TO CONTINUE
BRIEFING AND HEARING ON UNITED STATES’ MOTION
TO CHANGE VENUE

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