Boyton v. Federal Correction Institution Dublin

Filing 62

ORDER signed by Chief Judge Morrison C. England, Jr., on December 1, 2014 GRANTING the parties' stipulation 61 for an extenstion of 30 days, to 12/29/2014, to file the dispositional documents. (Rivas, 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,

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v.

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UNITED STATES OF AMERICA,

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STIPULATION FOR EXTENSION OF
TIME TO FILE DISPOSITIONAL
DOCUMETS RE: SETTLEMENT and
ORDER

Defendant.
UNITED STATES OF AMERICA,

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Counter-Claimant,

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v.

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PEGGY BOYNTON,
Counter-Defendant.

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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

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and counsel for the United States of America requested an extension of 30 days for the filing of the

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dispositional documents. Unfortunately, despite the efforts of Ms. Boynton’s counsel, he has been

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Stipulation

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unable to communicate with her or obtain her signature on the settlement documents. As a result, an

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additional 30 day extension is hereby requested.

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Shortly after agreeing to the settlement of this case, Plaintiff Peggy Boynton traveled to North

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Carolina to visit a sick relative. While there, Ms. Boynton herself suffered a serious injury and was

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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. It

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was anticipated that a 30 day extension would provide enough time to have the settlement agreement

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signed. During this 30 period no communications have been received from Ms. Boynton. It is hoped

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that an additional 30 days will provide enough time to communicate with Ms. Boynton to have the

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settlement documents signed.
All parties remain committed to the agreed upon terms of settlement of this case, but request an

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additional 30 days, to December 29, 2014, to file the dispositional documents as a result of Ms.

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Boynton’s circumstances.

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SO STIPULATED
Dated: November 26, 2014

UNITED STATES ATTORNEY

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By:

/s/ Bobbie J. Montoya____
Bobbie J. Montoya
Attorneys for Defendant
United States of America

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Stipulation

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Dated: November 26, 2014

CABLE GALLAGHER

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By:

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

IT IS SO ORDERED.

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Dated: December 1, 2014

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Stipulation