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

Filing 44

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 September 13, 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.

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

UNITED STATES OF AMERICA, et al.,
Defendants.

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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

18 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 change

20 venue 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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On August 20, 2018, the Court approved the parties’ stipulation to continue the deadline for the

23 United States to file a reply in support of the motion to change venue to September 13, 2018, and the
24 hearing on that motion until September 20, 2018, at 8:30 a.m., so the parties could discuss the possibility
25 of a negotiated resolution to this litigation.
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The parties have been engaged in settlement discussions and continue to discuss a potential

27 resolution to this litigation. Those discussions would be aided by an additional seven-day continuance
28 of the deadline for the United States to file its reply in support of the motion to change venue and the

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

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1 hearing on that motion. Accordingly, the parties jointly stipulate as follows and respectfully request that
2 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 27,

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 20, 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.
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Respectfully submitted,

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Dated: September 13, 2018

McGREGOR W. SCOTT
United States Attorney

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

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Dated: September 13, 2018

COBLENTZ PATCH DUFFY & BASS LLP

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/s/ Jeffrey G. Knowles (as authorized on
By: September 13, 2018)
Jeffrey G. Knowles
Attorneys for Plaintiff J.I.

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

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[PROPOSED] 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 continue 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 27, 2018, at 8:30 a.m. The United States’ reply in support of its motion is due on September
20, 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 _____

September 13, 2018

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UNITED STATES CHIEF DISTRICT JUDGE

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

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