United States of America v. Molen et al

Filing 110

ORDER signed by Magistrate Judge Kendall J. Newman on 5/16/12 GRANTING 108 Motion to Modify the Pretrial Scheduling Order; Designation of Expert Witnesses due by 9/7/2012. Discovery due by 1/7/2013. Dispositive Motions filed by 3/7/2013. Bench Trial set for 8/12/2013 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. Final Pretrial Conference set for 7/11/2013 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

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Plaintiff,

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No. 2:10-cv-02591 MCE KJN PS

v.

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JAMES O. MOLEN, et al.,

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Defendants.

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ORDER GRANTING UNOPPOSED MOTION TO
MODIFY THE SCHEDULING ORDER
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Presently before the court is defendant James O. Molen’s motion to modify the

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Status (Pretrial Scheduling) Order in this case (Dkt. No. 108).1 Mr. Molen requests that the court

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extend all of the remaining deadlines in the Status (Pretrial Scheduling) Order by 90 days in light

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of the terminal illness and subsequent death of his wife, defendant Sandra L. Molen, on February

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14, 2012. Plaintiff filed a statement of non-opposition in regards to the motion (Dkt. No. 109).

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For good cause shown, the undersigned grants Mr. Molen’s unopposed motion and modifies the

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Status (Pretrial Scheduling) Order as reflected below.

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Because oral argument would not materially aid
the resolution of the pending motion, this matter is submitted on the briefs and record without a
hearing. See Fed. R. Civ. P. 78(b); E. Dist. Local Rule 230(g).
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In light of the foregoing, IT IS HEREBY ORDERED that:

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1.

Defendant James O. Molen’s motion to modify the Status (Pretrial

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Scheduling) Order is submitted on the briefs and record, and the May 31, 2012 hearing on that

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motion is VACATED.

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2.

Defendant James O. Molen’s unopposed motion to modify the Status

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(Pretrial Scheduling) Order in this case (Dkt. No. 108) is granted, and the Status (Pretrial

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Scheduling) Order is modified as follows:

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a.

“completed,” as that term is defined in Status (Pretrial Scheduling) Order, by March 7, 2013.

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All law and motion, except as to discovery-related matters, shall be

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All discovery shall be “completed,” as that term is defined in

Status (Pretrial Scheduling) Order, by January 7, 2013.

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c.

The parties are to designate in writing and file with the court, and

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serve upon all other parties, the names of all experts they propose to tender at trial, pursuant to

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the following schedule: initial expert disclosures shall be made on or before September 7, 2012;

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rebuttal expert disclosures shall be made on or before October 9, 2012.

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d.

The final pretrial conference is set before United States District

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Judge Morrison C. England, Jr. on July 11, 2013, at 2:00 p.m., in Courtroom No. 7. The parties

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shall file a Joint Final Pretrial Conference Statement no later than June 20, 2013.

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e.

August 12, 2013, at 9:00 a.m., in Courtroom No. 7.

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A bench trial is set to commence before Judge England on

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The parties remain bound by the rest of the Status (Pretrial Scheduling)

Order.
IT IS SO ORDERED.
DATED: May 16, 2012
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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