Boyton v. Federal Correction Institution Dublin

Filing 45

STIPULATION and ORDER signed by Magistrate Judge Edmund F. Brennan on 9/11/2013 re: 44 Stipulation and Proposed Order; Deadline for parties to file their Joint VDRP Completion Report is EXTENDED to 9/23/2013; No futher extensions will be granted in this regard. (Waggoner, D)

1
2

PEGGY BOYNTON
1718 Cocomo Place
Manteca, CA 95337
Telephone: [phone]

3
Plaintiff/Counter-Defendant in Pro Se
4
5
6
7
8

BENJAMIN B. WAGNER
United States Attorney
BOBBIE J. MONTOYA
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

9
10

Attorneys for Defendant/Counter-Claimant
United States of America

11
12
13

IN THE UNITED STATES DISTRICT COURT

14

FOR THE EASTERN DISTRICT OF CALIFORNIA

15
16

PEGGY BOYNTON,

17
18
19

Case No. 2:11-cv-00623 MCE EFB
Plaintiff,

STIPULATION AND [proposed]
ORDER TO EXTEND DEADLINE TO
FILE JOINT VDRP COMPLETION
REPORT

v.
UNITED STATES OF AMERICA,

20

Defendant.

21
UNITED STATES OF AMERICA,
22
Counter-Claimant,
23
v.
24
PEGGY BOYNTON,
25
Counter-Defendant.
26
27
28
Stipulation re Joint VDRP Completion Report

1

Plaintiff/Counter-Defendant Peggy Boynton, in pro se, and Defendant/Counter-Claimant

1
2

United States of America, through its undersigned counsel, hereby agree and stipulate, subject to the

3

Court’s approval, as follows:
1. Pursuant to the Court’s order filed May 24, 2013, the parties are to submit a Joint VDRP

4
5

Completion Report within fourteen days of completion of the VDRP session. Doc. #42.
2. The VDRP session was held on August 29, 2013, with mediator Stephen Cole, and no

6
7

settlement resulted. The Joint VDRP Completion Report is due by no later than September 12,

8

2013.

9
10
11

3. Plaintiff was out of town and unavailable from August 31 through September 6, 2013,
thus the parties were unable to confer on the joint report during that time period.
4. On September 6, 2013, counsel for defendant sent plaintiff a draft joint report, which

12

included a proposed pretrial and trial schedule. Plaintiff, however, needs time to review her case file

13

and compile other personal documents to confirm that the pretrial and trial dates that the parties

14

propose do not conflict with previously scheduled personal matters, including medical procedures.

15

Plaintiff requests the deadline for filing of the joint report be extended to September 23, 2013.

16
17
18

5. Accordingly, subject to the Court’s approval, the parties agree to extend the deadline for
filing of the Joint VDRP Completion Report to September 23, 2013.
IT IS SO STIPULATED.

19

Plaintiff has reviewed and approved this stipulation and
by telephone gave defense counsel her authorization to
file it

20
21

DATED: September 10, 2013

____________________________
PEGGY BOYNTON
Plaintiff/Counter-Defendant In Pro Se

DATED: September 10, 2013

BENJAMIN B. WAGNER
United States Attorney

22
23
24
25

By:

26
27

/s/ Bobbie J. Montoya
____________________________
BOBBIE J. MONTOYA
Assistant U.S. Attorney
Attorneys for Defendant/CounterClaimant United States of America

28
Stipulation re Joint VDRP Completion Report

2

ORDER

1
2

The Court hereby APPROVES the foregoing stipulation between the parties. Accordingly,

3

the deadline for the parties to file their Joint VDRP Completion Report is extended to September 23,

4

2013. No further extensions will be granted in this regard.

5
6

IT IS SO ORDERED.
DATED: September 11, 2013.

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation re Joint VDRP Completion Report

3