Holloway et al v. United States of America

Filing 97

STIPULATION and ORDER TO CONTINUE CERTAIN PRETRIAL DATES signed by District Judge Morrison C. England, Jr on 5/12/16 ORDERING the Joint Pretrial Statement due by 6/9/16; Evidentiary or Procedural Motions due by 6/9/16; Oppositions to Evidentiary or Procedural Motions due by 6/16/16; Trial Brief due by 6/16/16; Replies for Evidentiary or Procedural Motions due by 6/23/16; Final Pretrial Conference set for 6/30/16; Trial (bench trial, 15 days) No Change 8/8/16. (Becknal, R)

1 PHILLIP A. TALBERT
Acting 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]
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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
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBYN HOLLOWAY and STERLING
HOLLOWAY,

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Plaintiffs,

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v.

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UNITED STATES OF AMERICA,

CASE NO. 2:12-cv-02120 MCE-CKD
JOINT STATUS REPORT RE:
RELATED APPEALS AND
STIPULATION AND ORDER TO
CONTINUE CERTAIN PRETRIAL
DATES

Defendant.

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Pursuant to the Court’s November 10, 2015 Order, Defendant United States and Plaintiffs

27 Robyn Holloway and Sterling Holloway respectfully submit their Joint Status Report regarding
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JOINT STATUS REPORT RE: RELATED APPEALS AND STIPULATION AND ORDER TO CONTINUE CERTAIN
PRETRIAL DATES - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

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1 the two related appeals and the effect on the current trial date. [ECF No. 92] Because both
2 appeals have been fully resolved, the currently set August 8, 2016 trial date is not affected. On
3 February 17, 2016, the Ninth Circuit affirmed this Court’s denial of a motion to intervene by
4 Security National Insurance Co. in this action, Holloway v. United States, No. 2:12-cv-2120
5 MCE-CKD, and affirmed this Court’s grant of the United States’ motion to dismiss the
6 complaint in the related action, Security National Insurance Co. v. United States, No. 2:13-cv7 1594 MCE-CKD. See ECF No. 93 (2/17/2016 Memorandum, Ninth Cir. Case No. 14-16079);
8 No. 2:13-cv-1594 MCE-CKD, ECF No. 26 (2/17/2016 Memorandum, Ninth Cir. Case No. 149 15479). No appeal or petition for rehearing was filed in either appeal. On April 12, 2016, the
10 judgment entered February 17, 2016 in both appeals took effect and the formal mandates issued.
11 ECF No. 95 (4/12/2016 Mandate, Ninth Cir. Case No. 14-16079); No. 2:13-cv-1594 MCE-CKD,
12 ECF No. 27 (4/12/2016 Mandate, Ninth Cir. Case No. 14-15479).
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The parties, by and through their respective counsel, also stipulate and respectfully

14 request the continuation of the dates set for certain pretrial filings and the Final Pretrial
15 Conference because undersigned defense counsel will be traveling out of state from May 22-30,
16 2016. The proposed continuation will not affect the August 8, 2016 trial date. The current and
17 proposed schedules are provided below for the Court’s reference.
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Current

Proposed

Joint Pretrial Statement

May 26, 2016

June 9, 2016

Evidentiary or Procedural Motions

May 26, 2016

June 9, 2016

22 Oppositions to Evidentiary or Procedural
Motions
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Trial Brief
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Joint Status Report Re: Trial Date
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June 2, 2016

June 16, 2016

June 2, 2016

June 16, 2016

June 7, 2016

No Change (completed)

26 Replies for Evidentiary or Procedural
Motions
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June 9, 2016

June 23, 2016

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JOINT STATUS REPORT RE: RELATED APPEALS AND STIPULATION AND ORDER TO CONTINUE CERTAIN
PRETRIAL DATES - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

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1 Final Pretrial Conference

June 16, 2016

June 30, 2016

2 Trial (bench trial, 15 days)

August 8, 2016

No Change – August 8, 2016

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Respectfully submitted,

5 Dated: May 5, 2016

PHILLIP A. TALBERT
Acting United States Attorney

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By:

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Dated: May 9, 2016

WILCOXEN CALLAHAM, LLP
By:

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

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

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ORDER
IT IS SO ORDERED.

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18 Dated: May 12, 2016
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JOINT STATUS REPORT RE: RELATED APPEALS AND STIPULATION AND ORDER TO CONTINUE CERTAIN
PRETRIAL DATES - Holloway v. U.S., No. 12-cv-2120 MCE-CKD

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