Boyton v. Federal Correction Institution Dublin

Filing 115

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 11/10/16 ORDERING that the Expert Witness Disclosure is EXTENDED to 2/6/2017, and Dispositive Motions EXTENDED to 6/1/2017. All other provisions in the May 19, 2016 pretrial scheduling order shall remain in full force and effect. (Kastilahn, A)

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PHILLIP A. TALBERT
Acting United States Attorney
BOBBIE J. MONTOYA
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant/Counter-Claimant
United States of America

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PEGGY BOYNTON,

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Plaintiff,

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Case No. 2:11-cv-00623 MCE EFB
STIPULATION AND ORDER TO
EXTEND PRETRIAL SCHEDULE
DEADLINES

v.
UNITED STATES OF AMERICA,

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Defendant.

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UNITED STATES OF AMERICA,
Counter-Claimant,

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v.

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PEGGY BOYNTON,

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Counter-Defendant.
_______________________________________

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Plaintiff/Counter-Defendant Peggy Boynton (“Plaintiff”) and Defendant/Counter-Claimant

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United States of America (“Defendant”), through their respective undersigned counsel, hereby agree

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and STIPULATE, subject to the Court’s approval, as follows:

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1.

On October 5, 2016, Defendant filed a motion to dismiss for lack of prosecution and

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noticed it for hearing for November 3, 2016. ECF 107. By Minute Order issued November 1, 2016,

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Defendant’s motion was taken under submission. ECF 111. On November 2, 2016, the Court issued
Stipulation & Order to Extend Pretrial
Schedule Deadlines

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a Minute Order, therein noting that Plaintiff failed to file an opposition or statement of non-

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opposition in violation of E.D. Cal. R. 230(c), and ordered Plaintiff to show cause in writing, not

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later than ten (10) days following the date the order was electronically filed, as to why Plaintiff’s

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case should not be dismissed with prejudice. ECF 112.

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2.

Under the current scheduling order, expert witness disclosure is due December 5,

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2016, and the deadline for dispositive motions is March 23, 2017, and any such motions must be

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filed at least eight weeks before the hearing, to wit, on or before January 26, 2017. ECF 103.

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3.

Defendant has hired an expert to support its defense of Plaintiff’s claim. Given that

Plaintiff’s claim could be dismissed, the Government does not want to have to expend hundreds of
dollars it is likely to incur in expert discovery-related costs.
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Accordingly, the parties hereby agree to a 60-day extension of the expert witness

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disclosure date and deadline for dispositive motions, subject to the Court’s approval, in order to give

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the Court time to rule on Defendant’s motion to dismiss and avoid Defendant having to incur a

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costly, unnecessary expense. If said motion is granted, it would moot Defendant’s need for its

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expert witness.
Respectfully submitted,

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CABLE GALLAGHER

DATED: November 10, 2016

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/s/ Mark T. Gallagher
(authorized by 11/4/16 email)

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MARK T. GALLAGHER

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Attorney for Plaintiff/CounterDefendant Peggy Boynton

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DATED: November 10, 2016

PHILLIP A. TALBERT
Acting United States Attorney

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/s/ Bobbie J. Montoya
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BOBBIE J. MONTOYA
Assistant United States Attorney

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Attorneys for Defendant/CounterClaimant United States of America

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Stipulation & Order to Extend Pretrial
Schedule Deadlines

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ORDER

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Finding good cause, the foregoing stipulation between the parties is hereby APPROVED.

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The deadlines set forth in the Fourth Pretrial Scheduling Order, ECF 103, are extended as follows:

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Expert Witness Disclosure:

February 6, 2017

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Dispositive Motions:

June 1, 2017.

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All other provisions in the May 19, 2016 pretrial scheduling order shall remain in full force and

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effect.

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IT IS SO ORDERED.
Dated: November 10, 2016

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Stipulation & Order to Extend Pretrial
Schedule Deadlines

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