United States of America v. The Estate of Cipriano Espinor et al

Filing 42

ORDER signed by District Judge Morrison C. England, Jr. on 8/3/2016 ORDERING all currently Set dates in this matter, including the 8/25/2016 Final Pretrial Conference and the Bench Trial scheduled for 10/17/2006 are hereby VACATED so as to facilitate ongoing settlement negotiations in this matter. The parties are directed to file a joint status report with the Court not later than 10/6/2016, if the case is not resolved beforehand. (Reader, L)

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Bruce Locke (#177787)

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Moss & Locke

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800 Howe Ave, Ste 110

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Sacramento, CA 95825

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916-569-0667

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[e-mail]

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Attorneys for Martha Espinor

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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United States,

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No. 2:14-cv-00578 MCE-AC
Plaintiff,

v.
The Estate of Cipriano Espinor, et. al.,
Defendants.

STIPULATION TO VACATE THE
CURRENT DUE DATES, FINAL
PRETRIAL CONFERENCE, AND BENCH
TRIAL AND TO REQUIRE A JOINT
STATUS REPORT BY OCTOBER 6, 2016;
ORDER THEREON

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Martha Espinor, by and through her undersigned counsel, and the United States, by and
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through its undersigned counsel, hereby stipulate that the current due date for the joint pretrial
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order, the date for the final pretrial conference, and the date for the bench trial should be vacated
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and that the parties should file a joint status report with the Court by October 6, 2016.
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The reason for vacating the current due date for the joint pretrial order, the date for the
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final pretrial conference, and the date for the bench trial is that the defendant has recently found a
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substantial number of documents that may make the case easier to settle and counsel for the
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government has agreed to review the documents and defense counsel’s legal analysis and it would

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not be possible to accomplish that review before the due date for the joint pretrial order is due.
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Plaintiff previously filed a Motion for Default Judgment against all defendants other than Martha
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Espinor (ECF No. 33). Magistrate Judge Claire signed an Amended Findings and

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Recommendation on June 17, 2016 recommending that the Motion for Default be granted (ECF

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No. 40). In addition, both parties have been exploring settlement for the past several months. In

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the event that settlement is not reached, both parties believe that a bench trial will require no more

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than one-half day to one full day given the narrowing of issues that has occurred.

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/s/ Bruce Locke
BRUCE LOCKE
Attorney for Martha Espinor

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/s/ Paul T. Butler
PAUL BUTLER
Trial Attorney, Tax Division
Department of Justice
Attorney for the United States

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ORDER

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In accordance with the foregoing stipulation, and good cause appearing, all currently

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Set dates in this matter, including the August 25, 2016 Final Pretrial Conference and the bench

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trial scheduled for October 17, 2016, are hereby VACATED so as to facilitate ongoing settlement

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negotiations in this matter. The parties are directed to file a joint status report with the Court not

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later than October 6, 2016 if the case is not resolved beforehand.

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IT IS SO ORDERED.

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Dated: August 3, 2016
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