New Gaming Systems Inc. v. United States of America

Filing 17

STIPULATION AND ORDER signed by Judge Morrison C. England, Jr on 8/6/12 ORDERING the upon reviewing the parties' Stipulation and Joint Request to Modify Pretrial Scheduling Order, and good cause appearing therefore, that request is hereby GRANTED. An Amended Pretrial Scheduling Order will follow. (Becknal, R)

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BOUTIN JONES INC.
Robert R. Rubin #117428
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff New Gaming Systems, Inc.
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KATHRYN KENEALLY
Assistant Attorney General
COLIN C. SAMPSON
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 683, Ben Franklin Station
Washington, D.C. 20044-0683
Telephone:
[phone]
Fax:
[phone]
E-mail:
[e-mail]
[e-mail]

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Of Counsel:
BENJAMIN B. WAGNER
United States Attorney

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Attorneys for the United States of America

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NEW GAMING SYSTEMS, INC.,

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Plaintiff,

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v.
UNITED STATES OF AMERICA,

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Defendant.

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Case No. 2:11-cv-627-MCE-JFM
STIPULATION AND JOINT REQUEST
TO MODIFY PRETRIAL SCHEDULING
ORDER; ORDER

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Plaintiff New Gaming Systems, Inc. (“Plaintiff”) and defendant United States of America

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(“Defendant”) hereby stipulate and submit the following joint request to modify the Pretrial

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Scheduling Order of September 8, 2011.

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Stipulation and Joint Request to Modify Pretrial Scheduling Order; Order
479477.2

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RECITALS

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WHEREAS, on September 8, 2011, the Court issued its Pretrial Scheduling Order which
provided that discovery shall close on August 3, 2012; and

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WHEREAS, on June 20, 2012, Defendant propounded its Second Set of Requests for
Production of Documents to Plaintiff; and

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WHEREAS, Plaintiff is in the process of moving its offices, and suspects that the final movein date may be approximately September 2012; and

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WHEREAS, because of construction delay and the inability to occupy the new space, much
of Plaintiff’s files are temporarily in storage; and

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WHEREAS, Plaintiff anticipates that it will not be able to complete its search for documents

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responsive to Defendant’s Second Set of Requests for Production of Documents until October 1,

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2012; and

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WHEREAS, Defendant has granted Plaintiff an extension of time to respond to Defendant’s

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Second Set of Requests for Production of Documents to August 3, 2012, the discovery cutoff

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deadline; and

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WHEREAS, in order to extend Plaintiff’s response date to October 1, 2012, as requested, the

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parties believe that a modification to the Pretrial Scheduling Order to continue the discovery

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deadline by 60 days would be necessary;

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STIPULATION

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NOW, THEREFORE, it is hereby stipulated by and between Plaintiff and Defendant as
follows:

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The Pretrial Scheduling Order dated September 8, 2011, shall be modified to extend the

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discovery cutoff by 60-days, from August 3, 2012, to October 3, 2012. Expert Witness Disclosures

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shall be moved to Monday, December 3, 2012.

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Further, the dispositive motions deadline shall be moved from February 7, 2013, to
Thursday, April 4, 2013.

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The parties request that the court reschedule the final pretrial conference from Thursday,

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April 4, 2013 at 2:00pm, to some time sixty days out that is convenient for the Court, perhaps
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Stipulation and Joint Request to Modify Pretrial Scheduling Order; Order
479477.2

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Tuesday, June 6, 2013 at 2:00pm. The Joint Final Pretrial Conference Statement, set for three weeks

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before the Final Pretrial Conference, be set for Thursday, May 16, 2013. Trial Briefs shall be due

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May 16, with oppositions due May 23 and the reply due May 30, 2013. The parties request a trial

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date in August 2013.

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Respectfully submitted,
DATED: August 1, 2012

BOUTIN JONES INC.

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By:

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/s/ Robert R. Rubin
ROBERT R. RUBIN

Attorneys for Plaintiff New Gaming Systems, Inc.

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DATED: August 1, 2012
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KATHRYN M. KENEALLY
Assistant Attorney General

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By:

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/s/ Colin S. Sampson approved 8/1/12
COLIN C. SAMPSON

Attorneys for the United States of America

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ORDER

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Upon reviewing the parties’ Stipulation and Joint Request to Modify Pretrial Scheduling

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Order, and good cause appearing therefore, that request is hereby GRANTED. An Amended Pretrial

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Scheduling Order will follow.

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IT IS SO ORDERED.

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Dated: August 6, 2012

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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Stipulation and Joint Request to Modify Pretrial Scheduling Order; Order
479477.2