Zivkovich, et al v. Slaten

Filing 21

STIPULATION and ORDER 20 regarding 7 Pretrial Scheduling Order and Trial dates signed by Chief Judge Morrison C. England, Jr. on 2/10/2016. Bench Trial is CONTINUED to 10/17/2016 at 9:00 AM and Final Pretrial Conference is RE-SET for 8/25/2016 a t 2:00 PM in Courtroom 7 (MCE). Joint Pretrial Statement shall be filed on or before 8/4/2016. Evidentiary or Procedural Motions to be submitted on or before 8/4/2016. Oppositions due on or before 8/11/2016 and Reply Briefs to be filed on or before 8/18/2016. Joint Pretrial Conference is re-set for 8/25/2016. Trial Briefs shall be submitted on or before 10/3/2016. (Marciel, M)

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BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
COLLEEN M. KENNEDY
Assistant United States Attorneys
501 I Street, Suite 10-100
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]

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Attorneys for the United States

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALEX ZIVKOVICH, et al.,

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CASE NO. 2:14-cv-01198-MCE-KJN

Plaintiff,

STIPULATION AND ORDER
REGARDING PRETRIAL
SCHEDULING ORDER AND TRIAL
DATES

v.
UNITED STATES OF AMERICA,
Defendant.

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This case was removed to this Court in May 2014. (See Dkt. No. 1). The parties have proceeded

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diligently, completing discovery motion practice in this case. A conflict has arisen regarding the trial

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date of May 9, 2016, however. Counsel for the United States has been notified that a long-pending Ninth

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Circuit appeal is likely to be set during the week of May 9. In addition, counsel for the United States is

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set for a jury trial in the Northern District of California on May 23, 2016, which would conflict with the

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trial in this matter. Thus, as set forth below, the parties request a continuation of the trial date and

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associated pretrial deadlines.

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Such an adjustment will not only permit the efficient presentation of evidence, but will also

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permit counsel to work diligently towards settling this matter. Settlement discussions have been ongoing

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throughout this case, and both parties agree that this is an appropriate case for settlement. Should the

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parties require the Court’s assistance in setting a settlement conference, they will file a further stipulation

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and proposed order requesting a Court-sponsored settlement conference. At this time, however, the

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parties believe that they can resolve this matter more efficiently with direct negotiations.

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Stipulation to Continue Pretrial dates and Trial date.

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Thus, counsel hereby stipulate, and propose, as follows:

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(1)

That the bench trial in this matter be continued to October 17, 2016;1

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(2)

That the Joint Pretrial Statement be filed on or before August 4, 2016;

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(3)

That the motion in limine schedule be as follows: Evidentiary or procedural motions be

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filed on or before August 4, 2016; Oppositions be filed on or before August 11, 2016, and reply briefs be

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filed on or before August 18, 2016;

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(4)

That the Joint Pretrial Conference be continued to August 25, 2016.

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(5)

That Trial Briefs be filed on or before October 3, 2016.

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In addition, the parties inform the Court that they currently estimate that trial will be no more than six days,

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rather than the eight days originally estimated.

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Respectfully Submitted,

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DATED: February _1, 2016

BENJAMIN B. WAGNER
United States Attorney

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By:

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/s/ Gregory T. Broderick
GREGORY T. BRODERICK
Assistant United States Attorney

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DATED: February _1, 2016

DREYER BABICH BUCCOLA WOOD
CAMPORA, LLP

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By:

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/s/ Joseph R. Yates (auth 02/1/2016)
JOSEPH R. YATES
Counsel for Plaintiff

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Counsel for the United States in this matter is also counsel of record in Valentich v. United States,
2:14-cv-01902-MCE-CMK, which is also set for a bench trial on October 17, 2016, before Chief
Judge England. The parties in Valentich are discussing and preparing a stipulation and proposed
order for an earlier trial date in that case, which is likely to be filed in the next several weeks.

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Stipulation to Continue Pretrial dates and Trial date.

ORDER

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Good Cause Appearing, IT IS HEREBY ORDERED that

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(1)

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The trial date be continued from May 9, 2016, to October 17, 2016. Counsel’s

current estimated time for trial is six days.

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(2)

That the Joint Pretrial Statement be filed on or before August 4, 2016;

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(3)

That evidentiary or procedural motions be filed on or before August 4, 2016;

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Oppositions be filed on or before August 11, 2016, and reply briefs be filed on or before August 18,

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2016;

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(4)

That the Joint Pretrial Conference be continued to August 25, 2016.

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(5)

That Trial Briefs be filed on or before October 3, 2016.

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IT IS SO ORDERED.

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Dated: February 10, 2016