Holloway et al v. United States of America

Filing 51

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 7/22/2014 ORDERING 50 Discovery due by 9/30/2014; Initial Expert Disclosures 10/14/2014, Supplemental Expert Disclosures 10/30/2014; Dispositive Motions filed by 11/13/2014, di spositive motion hearing 1/8/2015; Joint Final Pretrial Conference Statement 3/5/2015; Evidentiary or Procedural Motions filed by 3/5/2015; Trial Briefs by 3/12/2015; Final Pretrial Conference set for 3/26/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.; Trial set for 5/11/2015 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Reader, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 CHI SOO KIM
Assistant United States Attorneys
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
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Attorneys for United States
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7 HALEY & BILHEIMER
JOHN G. BILHEIMER
8 505 Coyote Street, Suite A
Nevada City, CA 95959
9 Telephone: [phone]
Facsimile: [phone]
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Attorney for Plaintiffs Robyn Holloway
11 and Sterling Holloway
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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17 ROBYN HOLLOWAY and STERLING
HOLLOWAY,
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Plaintiffs,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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CASE NO. 2:12-cv-02120 MCE-CKD

STIPULATION AND ORDER TO
MODIFY PRETRIAL
SCHEDULING ORDER

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Plaintiffs Robyn Holloway and Sterling Holloway and Defendant United States, by and

25 through their respective counsel, stipulate and respectfully request the below modifications to the
26 Court’s Pretrial Scheduling Order (Dkt 39) for good cause.
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1.

The parties have been cooperative in the discovery and case management process.

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STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

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2.

Plaintiffs are in the process of retaining additional counsel/ co-counsel, Wilcoxen

2 Callaham LLP, to represent them in this lawsuit and would like their new counsel to be involved
3 in completing the fact discovery identified below.
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3.

Counsel for Plaintiffs and Defendant were in trials in June 2014 for other cases.

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4.

The parties respectfully request extending the fact discovery deadline limited to

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a. Plaintiffs to take the depositions of Israel Alvarado, Duane Barker,

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Christopher Leroux, John Pank, Lyn Phillips, and John Shaw.
b. Plaintiffs to serve up to twenty-five (25) interrogatories.

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c. Defendant to take the depositions of Plaintiffs, Rob Anderson, and Cheyenne

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Sinkola.

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5.

As a result, the parties respectfully request extending all other deadlines.

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6.

The Court previously granted in part the parties’ stipulated requests to modify the

14 scheduling order. [Dkt 15, 26, 39]
Proposed Scheduling Modification

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Current

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Proposed

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Discovery cutoff (fact):

July 17, 2014

September 30, 2014

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Initial expert disclosures:

August 13, 2014

October 14, 2014

Supplemental expert disclosures:

September 2, 2014

October 30, 2014

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Last day to file dispositive motions: September 18, 2014

November 13, 2014

Last day for dispositive motion hearing: November 13, 2014

January 8, 2015

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Joint Final Pretrial Conference Statement: January 15, 2015

March 5, 2015

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Last day to file evidentiary or
procedural motions:

January 15, 2015

March 5, 2015

Last day to file trial briefs:

January 22, 2015

March 12, 2015

Final Pretrial Conference:

February 5, 2015

March 26, 2015

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STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

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Trial (5 days, bench):

March 23, 2015

May 11, 2015

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Dated: July 7, 2014

Respectfully submitted,
By:

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JOHN G. BILHEIMER
Attorney for Plaintiffs Robyn Holloway and
Sterling Holloway

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/s/ John G. Bilheimer

Dated: July 7, 2014

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Chi Soo Kim
CHI SOO KIM
Assistant U.S. Attorney

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ORDER

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IT IS SO ORDERED.
Dated: July 22, 2014

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STIPULATION AND ORDER TO TO MODIFY THE
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PRETRIAL SCHEDULING ORDER - Holloway v. U.S., No. 12-cv-2120 MCE-CKD