Video Gaming Technologies, Inc. et al v. Bureau of Gambling Control, et al.,

Filing 250

STIPULATION and ORDER signed by Judge John A. Mendez on 9/11/09: Discovery due by 3/29/2010. Dispositive Motions due by 5/19/2010. Final Pretrial Conference set for 7/14/2010 at 03:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 8/30/2010 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez.(Kaminski, H)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California SARA J. DRAKE, State Bar No. 102565 Supervising Deputy Attorney General WILLIAM L. WILLIAMS, JR., State Bar No. 99581 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 324-3725 Fax: (916) 327-2319 E-mail: Bill.Williams@doj.ca.gov Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA VIDEO GAMING TECHNOLOGIES, INC., dba VGT, Inc., a Tennessee Corporation, et al., Plaintiffs, v. BUREAU OF GAMBLING CONTROL, a law enforcement division of the California Department of Justice; MATHEW J. CAMPOY, in his official capacity as the Acting Chief of the Bureau of Gambling Control; and JOHN MCGINNESS, in His Official Capacity as the Sacramento County Sheriff, Defendants. 2:08-CV-01241-JAM-EFB STIPULATION AND ORDER EXTENDING TIME UNDER SCHEDULING ORDER ASSIGNED FOR ALL PURPOSES TO: HONORABLE JOHN A. MENDEZ AND RELATED INTERVENORS. Courtroom: 6 Judge The Honorable John A. Mendez Trial Date August 23, 2010 Action Filed: June 4, 2008 1 Stipulation And Order Extending Time Under Scheduling Order (2:08-CV-01241-JAM-EFB) PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Due to the appeal that is now pending before the Ninth Circuit Court of Appeals in the matter of Video Gaming Technologies v. Bureau of Gambling Control, et al., (USCA Case No. 09-16092), and because the appeal has the potential to dispose of this case, the parties to this action on August 31, 2009, stipulated to extending certain deadlines and benchmark dates under this Court's Scheduling Order entered on or about October 7, 2008. Thereafter, counsel for defendants Bureau of Gambling Control and Mathew Campoy was made aware of significant family obligations that conflicted with the August 23, 2010 trial date, and all counsel became aware that the other various benchmark dates and deadlines had not been commensurately set out in light of the new trial date to allow for the full practical benefits of the new trial date. Therefore, the parties stipulate as follows: · · · · · · · Last day to complete discovery ­ March 29, 2010; Last day for filing of dispositive motions ­ May 19, 2010; Last day for hearing of dispositive motions ­ June 16, 2010 (to be heard at 9:00 a.m.); Joint Pretrial Statement due July 7, 2010; Pre-Trial Conference ­ July 14, 2010 at 3:00 p.m.; and Trial Date ­ August 30, 2010 at 9:00 a.m. All other terms and conditions of the October 7, 2008 scheduling order will remain in effect. Dated: September 11, 2009 OFFICE OF THE ATTORNEY GENERAL JR. Attorney General of California SARA J. DRAKE Supervising Deputy Attorney General /s/ WILLIAM L. WILLIAMS, JR. BY: W ILLIAM L. WILLIAMS, JR. Deputy Attorney General ATTORNEYS FOR DEFENDANTS BUREAU OF GAMBLING CONTROL AND MATHEW CAMPOY 2 Stipulation And Order Extending Time Under Scheduling Order (2:08-CV-01241-JAM-EFB) PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 11, 2009 SACRAMENTO COUNTY COUNSEL'S OFFICE /s/ JOHN EDWARD REED BY:________________________________ JOHN EDWARD REED ATTORNEYS FOR DEFENDANT JOHN MCGINNISS Dated: September 11, 2009 NOSSAMAN LLP /s/ SOPHIE-NICOLE FROELICH BY:________________________________ SOPHIE-NICOLE FROELICH ATTORNEYS FOR PLAINTIFFS AND INTERVENORS UNITED CEREBRAL PALSY OF GREATER SACRAMENTO, A CALIFORNIA NON-PROFIT CORPORATION; WIND YOUTH SERVICES, A CALIFORNIA NON-PROFIT CORPORATION; ROBERT FOSS, AN INDIVIDUAL; AND CAPITAL BINGO, INC., A CALIFORNIA CORPORATION; HAGGIN GRANT POST NO. 521, THE AMERICAN LEGION DEPARTMENT OF CALIFORNIA, A CALIFORNIA NON-PROFIT CORPORATION; CASA ROBLE HIGH SCHOOL RAMSEMEN, INC., A CALIFORNIA NON-PROFIT CORPORATION; MARY BROWN, AN INDIVIDUAL Dated: September 11, 2009 LAW OFFICE OF K. GREG PETERSON /s/ KENNETH GREGORY PETERSON. BY:________________________________ KENNETH GREGORY PETERSON ATTORNEYS FOR INTERVENOR PLAINTIFFS EL CAMINO ATHLETIC BOOSTER CLUB 3 Stipulation And Order Extending Time Under Scheduling Order (2:08-CV-01241-JAM-EFB) PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 11, 2009 ORDER Based upon the stipulation of the parties and for good cause shown, the Court orders that the deadlines/dates under the Scheduling Order dated October 7, 2008, as amended by the order of this Court on August 31, 2009, are to be extended as follows: · · · · · · · Last day to complete discovery ­ March 29, 2010; Last day for filing of dispositive motions ­ May 19, 2010; Last day for hearing of dispositive motions ­ June 16, 2010 (to be heard at 9:00 a.m.); Joint Pretrial Statement due July 7, 2010; Pre-Trial Conference ­ July 14, 2010 at 3:00 p.m.; and Trial Date ­ August 30, 2010 at 9:00 a.m. All other terms and conditions of the October 7, 2008 scheduling order will remain in effect. IT IS SO ORDERED. /s/ John A. Mendez_____________ HON. JOHN A. MENDEZ United States District Court Judge 4 Stipulation And Order Extending Time Under Scheduling Order (2:08-CV-01241-JAM-EFB) PDF created with pdfFactory trial version www.pdffactory.com

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