Boyton v. Federal Correction Institution Dublin

Filing 60

ORDER signed by Chief Judge Morrison C. England, Jr., on 10/28/14 ORDERING that Plaintiff Peggy Boynton's request for an extension to file dispositional documents is GRANTED. Not later than 30 days after the date this Order is filed electron ically, the parties are ORDERED to submit dispositional documents. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this Order. (Kastilahn, A)

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Mark T. Gallagher, Esq. SBN: 180514
CABLE GALLAGHER
101 Parkshore Drive, Suite 100
Folsom, CA 95630
916/608-7995 Tel.
916/608-7986 Fax
Attorney for Plaintiff
PEGGY BOYNTON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PEGGY BOYNTON,

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

Plaintiff,
v.
UNITED STATES OF AMERICA,

PLAINTIFF’S REQUEST FOR EXTENSION
OF TIME TO FILE DISPOSITIONAL
DOCUMETS RE: SETTLEMENT; ORDER

Defendant.
UNITED STATES OF AMERICA,
Counter-Claimant,

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v.

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PEGGY BOYNTON,

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Counter-Defendant.
On August 14, 2014, this Court issued a minute order that all dispositional documents regarding
settlement of this case were to be filed by not later than October 14, 2014. Both counsel for Plaintiff
and counsel for the United States of America request an extension of 30 days for the filing of the
dispositional documents.
Shortly after agreeing to the settlement of this case, Plaintiff Peggy Boynton traveled to North
Carolina to visit a sick relative. While there, Ms. Boynton herself suffered a serious injury and was
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Request for Extension; Order

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hospitalized. Ms. Boynton does not use a cell phone or email and, as a result, essentially lost contact

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with counsel for a lengthy period of time and was unable to finalize the settlement. Ms. Boynton

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remains in North Carolina but is now able to communicate with her counsel via United States mail.
All parties remain committed to the agreed upon terms of settlement of this case, but request an
additional 30 days to file the dispositional documents as a result of Ms. Boynton’s circumstances.

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Counsel for the United States in this matter, Bobbie J. Montoya, has agreed to the requested extension.

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Dated: October 15, 2014

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CABLE GALLAGHER
By:

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/s/ Mark T. Gallagher
Mark T. Gallagher
Attorney for Plaintiff
Peggy Boynton

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ORDER
Good cause appearing, Plaintiff Peggy Boynton’s request for an extension to file dispositional
documents is GRANTED. Not later than thirty (30) days after the date this Order is filed electronically,
the parties are ORDERED to submit dispositional documents. Failure to comply with this order may be
grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause
non-compliance with this Order.
IT IS SO ORDERED.
Dated: October 28, 2014

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Request for Extension; Order