McCoy v. Department of the Army et al

Filing 94

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 10/21/11 ORDERING that the hearing on any Motions in Limine as well as plf's 91 Motion for Reconsideration are CONTINUED to 12/19/11 at 10:00 AM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Benson, A.)

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BENJAMIN B. WAGNER
United States Attorney
TODD A. PICKLES
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
[phone] Main
[phone] Facsimile

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Attorneys for the Secretary of the Army
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROSLYN G. McCOY,

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Plaintiff,

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v.

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HONORABLE JOHN M. McHUGH,

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Defendant.

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CASE NO. 2:09-CV-01973 LKK-CMK
STIPULATION TO CONTINUE DATE FOR
HEARINGS ON MOTION IN LIMINE AND
PLAINTIFF’S MOTION FOR
RECONSIDERATION TO DECEMBER 19,
2011, AND TO MAINTAIN ALL OTHER
DATES, INCLUDING TRIAL DATE;
ORDER THERETO
[Fed.R.Civ.P.16]

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Plaintiff Roslyn McCoy, and Defendant John M. McHugh, Secretary of the Army (“Secretary”),

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through their respective counsel, hereby respectfully submit the following stipulation and request to

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modify the pretrial schedule.

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RECITALS
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By Order signed October 7, 2011, this Court set the hearing on any motions in limine

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and for Plaintiff’s Motion for Reconsideration of the Court’s Order Granting In Part the Secretary’s

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Motion for Summary Judgment for December 5, 2011 at 10:00 a.m.. The dates for filing the motions in

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limine are based on the hearing date of December 5, 2011. The Court also set a trial date of March 20,

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2012, and a settlement conference before Magistrate Judge Dale A. Drozd for January 12, 2012.

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2.

Subsequent to the setting of these dates, on October 17, 2011, the Ninth Circuit Court of

Appeals set oral argument in the case of United States v. Tubbs, No. 09-10149, for December 5, 2011 at
Stipulation and [Proposed] Order

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9:00 .a.m., in San Francisco, California. The undersigned counsel for the Secretary is also counsel for

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the United States in Tubbs, authored the answering brief, and will be presenting argument.

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3.

Accordingly, counsel for the Secretary currently has an unforeseen scheduling conflict

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for December 5, 2011. To accommodate this conflict, Plaintiff’s counsel have graciously agreed to

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jointly request the Court continue the hearing date in this case to December 19, 2011, which is the next

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available law and motion date on the Court’s calendar. The parties do not wish to change the trial date

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or any other dates, and do not believe moving the hearing date will affect any further dates set by the

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Court.

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STIPULATION AND REQUEST

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Based on the foregoing, the parties hereby stipulate and request the following:

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1.

The hearing on any motions in limine as well as on Plaintiff’s Motion for

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Reconsideration [DE 91], set for December 5, 2011 at 10:00 a.m., be continued to December 19, 2011,

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at 10:00 a.m., and the dates for the submission of the parties’ motions in limine be continued consistent

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with that date.

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2.

All other dates shall remain as set by the Court’s October 7 Order.

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IT IS SO STIPULATED.

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BENJAMIN B. WAGNER
United States Attorney

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Date: October 19, 2011
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/s/ Todd A. Pickles
By: TODD A. PICKLES
Assistant United States Attorney

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Attorneys for Secretary of the Army
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EQUALITY LAWYERS
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Date: October 19, 2011
By:/s/ Lawrence A. Organ
LAWRENCE A. ORGAN

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Attorneys for Plaintiff
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Stipulation and [Proposed] Order

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ORDER

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This matter came before the Court on the parties’ Stipulation To Continue The Hearing On

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Motions in limine and Plaintiff’s Motion for Reconsideration to December 19, 2011, And To Maintain

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All Other Dates. For the reasons stated in the Stipulation and for good cause showing under Rule 16 of

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the Federal Rules of Civil Procedure, the Court ADOPTS the Stipulation and GRANTS the relief

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requested therein.

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Accordingly,

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IT IS HEREBY ORDERED THAT

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1.

The hearing on any motions in limine as well as on Plaintiff’s Motion for

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Reconsideration [DE 91] IS CONTINUED TO December 19, 2011, at 10:00 a.m., with the dates for

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the submission of the parties’ motions in limine based on a hearing on December 19, 2011.

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2.

All other dates shall remain as set by the Court’s October 7 Order.

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IT IS SO ORDERED.

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Date: October 21, 2011

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Stipulation and [Proposed] Order

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