Holloway et al v. United States of America

Filing 92

STIPULATION and ORDER TO CONTINUE TRIAL DATE signed by Chief Judge Morrison C. England, Jr on 11/10/15 ORDERING that Joint Pretrial Statement is due 5/26/16. Evidentiary or Procedural Motions due by 5/26/2016. Opposition due by 6/2/2016. Replies due by 6/9/2016. Joint Status Report Re: Trial date due by 6/7/16. The Final Pretrial Conference date is CONTINUED from 1/14/16 to 6/16/2016. Trial Brief due by 6/2/16. Trial date is CONTINUED from 2/29/16 to 8/8/2016 at 09:00 AM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr. (Mena-Sanchez, L)

1 BENJAMIN B. WAGNER
United States Attorney
2 CHI SOO KIM
ALYSON BERG
3 Assistant United States Attorneys
501 I Street, Suite 10-100
4 Sacramento, CA 95814
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for United States
7 WILCOXEN CALLAHAM, LLP
DANIEL E. WILCOXEN
8 WILLIAM CALLAHAM
BRIAN PLUMMER
9 2114 K Street
Sacramento, CA 95816
10 Telephone: [phone]
Facsimile: [phone]
11
HALEY & BILHEIMER
12 JOHN G. BILHEIMER
505 Coyote Street, Suite A
13 Nevada City, CA 95959
Telephone: [phone]
14 Facsimile: [phone]
15 Attorneys for Plaintiffs Robyn Holloway
and Sterling Holloway
16
17

IN THE UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA

19
20

ROBYN HOLLOWAY and STERLING
HOLLOWAY,

21

Plaintiffs,

22

v.

CASE NO. 2:12-cv-02120 MCE-CKD

23
24

STIPULATION AND ORDER TO
CONTNUE TRIAL DATE

UNITED STATES OF AMERICA,
Defendant.

25
Plaintiffs Robyn Holloway and Sterling Holloway and Defendant United States, by and
26
through their respective counsel, stipulate and respectfully request the continuation of the dates
27
set for trial, the Final Pretrial Conference, and pretrial filings to conserve the resources and time
28
29

STIPULATION AND ORDER TO CONTINUE TRIAL DATE 1
Holloway v. U.S., No. 12-cv-2120 MCE-CKD

1 of the Court, all parties, and all witnesses pending the resolution of two related appeals that may
2 impact trial and resolution of this action. Dkt 83, 89.
3

There are two appeals related to this Federal Tort Claims Act (“FTCA”) action that have

4 been fully briefed and are currently pending before the Ninth Circuit: (1) Ninth Circuit Case
5 No. 14-16079, an appeal of this Court’s denial of a motion to intervene by Security National
6 Insurance Co. in this action, Holloway v. United States, No. 2:12-cv-2120 MCE-CKD; and
7 (2) Ninth Circuit Case No. 14-15479, an appeal of this Court’s grant of the United States’ motion
8 to dismiss the complaint in the related action, Security National Insurance Co. v. United States,
9 No. 2:13-cv-1594 MCE-CKD. Both appeals have been assigned to the same merits panel. On
10 October 22, 2015, the Ninth Circuit issued notices that both appeals are being considered for the
11 February 2016 oral argument calendar. Because the resolution of either appeal may affect the
12 trial and resolution of this lawsuit and because the appeals are now being considered for oral
13 argument in February 2016, the same month in which trial in this action is currently scheduled,
14 the parties respectfully request continuing the dates set for trial, the Final Pretrial Conference,
15 and pretrial filings to conserve the resources and time of the Court, all parties, and all witnesses.
16 The current and proposed schedules are provided below for the Court’s reference.
17

Further, the United States is not aware of any five-year rule regarding the length of time

18 in which an FTCA action must be brought to trial in federal court, and as such, does not object to
19 continuing the trial in this action pending the resolution of the two related appeals.
20

The United States will promptly inform Plaintiffs regarding the resolution of the pending

21 appeals. If the pending appeals are not resolved by May 31, 2016, the parties will then meet and
22 confer regarding a trial schedule and will contact chambers regarding available trial dates. The
23 parties will file a Joint Status Report by June 7, 2016 to update the Court regarding the pending
24 appeals and to either confirm the August 8, 2016 trial date or provide a revised proposed
25 schedule for the Final Pretrial Conference and trial of this action, Holloway v. United States,
26 No. 2:12-cv-2120 MCE-CKD.
27
Current
28
29

STIPULATION AND ORDER TO CONTINUE TRIAL DATE 2
Holloway v. U.S., No. 12-cv-2120 MCE-CKD

Proposed

1 Joint Pretrial Statement

December 4, 2015

May 26, 2016

2 Evidentiary or Procedural Motions

December 4, 2015

May 26, 2016

3 Oppositions

December 11, 2015

June 2, 2016

Replies

December 18, 2015

June 9, 2016

Joint Status Report Re: Trial Date

n/a

June 7, 2016

Final Pretrial Conference

January 14, 2016

June 16, 2016

8 Trial Brief

February 16, 2016

June 2, 2016

9 Trial (bench trial, 15 days)

February 29, 2016

August 8, 2016

4
5
6
7

10
11

Respectfully submitted,
Dated: November 2, 2015

BENJAMIN B. WAGNER
United States Attorney

12
By:

13
14
15

Dated: November 2, 2015

16

/s/ Chi Soo Kim
CHI SOO KIM
Assistant U.S. Attorney
WILCOXEN CALLAHAM, LLP

By:

17

/s/ Daniel E. Wilcoxen
DANIEL E. WILCOXEN
Attorney for Plaintiffs Robyn Holloway and
Sterling Holloway

18
19
20
21

ORDER
IT IS SO ORDERED.

22
Dated: November 10, 2015
23
24
25
26
27
28
29

STIPULATION AND ORDER TO CONTINUE TRIAL DATE 3
Holloway v. U.S., No. 12-cv-2120 MCE-CKD