Helm v. United States Postal Service et al

Filing 33

STIPULATION and ORDER 32 signed by Chief Judge Morrison C. England, Jr., on 5/30/13 ORDERING that the discover cutoff date is EXTENDED from 6/21/13 to 9/27/13. (Kastilahn, A)

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BENJAMIN B. WAGNER
United States Attorneys
LYNN TRINKA ERNCE
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Attorneys for the United States of America

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH HELM,
Plaintiff,

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STIPULATION REQUESTING
MODIFICATION OF SCHEDULING
ORDER

v.

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Case No. 2:11-cv-01703 MCE EFB

UNITED STATES OF AMERICA,
Defendant.

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The parties to this action, by and through their undersigned counsel, hereby stipulate and agree

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as follows:
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On December 20, 2012, the Court entered its Status (Pretrial Scheduling)

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Order. Docket 28. The Court set the following deadlines for this case:

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Discovery Cutoff
Expert Witness Disclosure
Supplemental Expert Witness Disclosure
Dispositive Motions Heard By
Joint Pretrial Conference Statement Due
Evidentiary/Procedural Motions Due
Oppositions to Evidentiary/Procedural Due
Replies to Evidentiary/Procedural Due
Final Pretrial Conference
Trial Briefs Due
Trial

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Stipulation to Modify Scheduling Order

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June 21, 2013
August 21, 2013
September 10, 2013
December 19, 2013
February 13, 2014
February 13, 2014
February 20, 2014
February 27, 2014
March 6, 2014
February 13, 2014
April 21, 2014

2.

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This case involves allegations by plaintiff that Jay Negus, a former United

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States Postal Service employee, who was acting in the course and scope of his federal

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employment at the time of the incident, caused an auto accident that injured plaintiff.
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Criminal charges against Negus are pending in San Joaquin Superior

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Court. The trial date has been moved a number of times, most recently, from May 10,

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2013 to August 2, 2013. Negus’ attorneys have stated that they would not make Negus

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available for deposition in this civil action until his criminal matter has concluded and

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that, if Negus is subpoenaed to testify at deposition, they will instruct him to assert his

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Fifth Amendment privilege against self-incrimination in response to questions concerning

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the auto accident.

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4.

Under the circumstances, it is not possible for Negus to give meaningful

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testimony at a deposition in this civil action prior to the current June 21, 2013 discovery

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cutoff, and the parties believe that good cause exists for the Court to modify its

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scheduling order so that Negus may be deposed after the criminal matter has concluded.
5.

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Accordingly, the parties respectfully request that the Court modify the

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scheduling order to extend the discovery cutoff date from June 21, 2013 to September 27,

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2013.

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6.

Since the parties are not asking the Court to change any of the other dates

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at this time, modification of the scheduling order will not prejudice any party, and should

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not negatively impact the Court’s schedule for this case. However, if the Negus trial is

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rescheduled again, it may be necessary for the parties to seek further modification of the

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scheduling order.

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DATED: May 22, 2013

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By:

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Stipulation to Modify Scheduling Order

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BENJAMIN B. WAGNER
United States Attorney
/s/ Lynn Trinka Ernce
LYNN TRINKA ERNCE
Assistant United States Attorney

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DATED: May 22, 2013

By:

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/s/ Russell A. Robinson
Russell A. Robinson
Attorney for Plaintiff

ORDER

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IT IS SO ORDERED.

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Dated: May 30, 2013

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___________________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT

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Stipulation to Modify Scheduling Order

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