J.I. v. United States of America et al
Filing
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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 21, 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: (916) 554-2700
Facsimile: (916) 554-2900
5 Philip.Scarborough@usdoj.gov
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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On September 14, 2018, the Court approved the parties’ stipulation to continue the deadline for
27 the United States to file a reply in support of the motion to change venue to September 20, 2018, and
28 the hearing on that motion until September 27, 2018, at 8:30 a.m., so the parties could continue to
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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 discuss the possibility of a negotiated resolution.
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The parties have been engaged in settlement discussions and continue to discuss a potential
3 resolution to this litigation. Those discussions would be aided by an additional fourteen-day
4 continuance of the deadline for the United States to file its reply in support of the motion to change
5 venue and the hearing on that motion. Accordingly, the parties jointly stipulate as follows and
6 respectfully 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 October 11,
8 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
10 October 4, 2018.
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This continuance is made without prejudice to either party’s position on the pending motion to
12 change venue.
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If the parties reach a negotiated resolution, they shall immediately file a notice to the Court
14 pursuant to Local Rule 160.
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Respectfully submitted,
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Dated: September 19, 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 19, 2018
COBLENTZ PATCH DUFFY & BASS LLP
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/s/ Julia D. Greer (as authorized on
By: September 19, 2018)
JULIA D. GREER
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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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 appears to exist. Accordingly, the hearing on the motion to change venue (ECF 32) is
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continued to October 11, 2018, at 8:30 a.m. The United States’ reply in support of its motion is due on
October 4, 2018. This continuance shall be without prejudice to either party’s position with respect to
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the motion to change venue. If the parties reach a negotiated resolution, they shall immediately file a
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notice to the Court pursuant to Local Rule 160.
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The Parties are warned that the Court will require a substantially more robust showing of cause
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for any future continuance of this nature.
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12 IT IS SO ORDERED.
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Dated:
/s/ Lawrence J. O’Neill _____
September 21, 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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