Grogan v. Beale Aero Club et al

Filing 20

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 5/29/15 re: 19 ORDERING Status Conference CONTINUED TO 8/3/2015 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed 14 days prior to the hearing. (Meuleman, A)

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General
BENJAMIN B. WAGNER
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
STEVEN A. KIRSCH
[e-mail]
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Post Office Box 14271
Washington, DC 20044-4271
Phone: [phone]
Fax: [phone]
Attorneys for Defendants United States of
America and Beale Aero Club

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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James M. Grogan,

No. 2:15-CV-00562-GEB-KJN

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Plaintiff,
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v.
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Beale Aero Club, John Henry; United
States of America; and DOES 1-30,

STIPULATION and [PROPOSED] ORDER
TO CONTINUE INITIAL SCHEDULING
CONFERENCE AND FILING OF JOINT
STATUS REPORT

Defendants.

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This is a personal injury action against the United States pursuant to the Federal Tort
Claims Act (“FTCA”) and John Henry, an individual Defendant who has not appeared in this
action. The action was initiated in state court on January 14, 2015. The United States removed

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the action to this Court on March 12, 2015. The Court issued an Order Setting Status (Pretrial
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Scheduling) Conference the same day. In that Order, the Court set a pretrial scheduling
conference for June 22, 2015. The Order also requires the parties to confer and develop a
STIPULATION AND PROPOSED ORDER TO
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CONTINUE INITIAL SCHEDULING CONFERENCE
AND FILING OF JOINT STATUS REPORT

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proposed discovery plan by June 1, 2015 and submit a Joint Status Report by June 8, 2015. The

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United States has filed a Motion to Dismiss arguing that the Court lacks jurisdiction over the

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FTCA component of the case because Plaintiff did not exhaust administrative remedies before

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filing suit. The motion is now fully briefed and was submitted without argument pursuant to the
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Court’s May 5, 2015 minute order.
Given the dispositive nature of the motion with respect to the United States, the parties

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agree that it would be more efficient for the Court to resolve the Motion to Dismiss before setting

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a schedule or engaging in other proceedings, and that the initial scheduling conference and

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development and filing of the Joint Status Report should be continued until after such resolution.
Therefore, the undersigned parties stipulate to continue the initial scheduling conference to a date

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approximately 21 days after the Motion to Dismiss is resolved, with the Joint Status Report due
fourteen days before the new date of the initial scheduling conference.

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Respectfully submitted,

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DATED: May 29, 2015

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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BENJAMIN B. WAGNER
United States Attorney

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GREGORY T. BRODERICK
Assistant United States Attorney

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/s/ Steven A. Kirsch
STEVEN A. KIRSCH
Senior Trial Counsel
Torts Branch, Civil Division
U.S. Department of Justice
Post Office Box 14271
Washington, DC 20044-4271
Phone: [phone]
Fax: [phone]
[e-mail]

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STIPULATION AND PROPOSED ORDER TO
CONTINUE INITIAL SCHEDULING CONFERENCE
AND FILING OF JOINT STATUS REPORT

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DATED: May 29, 2015

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/s/ Kristoffer S. Mayfield (authorized on 5/29/2015)
Anthony S. Petru, Esq., State Bar No. 91399
Kristoffer S. Mayfield, Esq., State Bar No. 241093
Bradley W. Wahrlich, Esq., State Bar No. 261762
HILDEBRAND, McLEOD & NELSON, LLP
Westlake Building
350 Frank H. Ogawa Plaza, Fourth Floor
Oakland, CA 94612 -2006
Phone: [phone]
Fax: [phone]
[e-mail]

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The pretrial scheduling conference is rescheduled for August 3, 2015, at 9:00 a.m.

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A joint status report shall be filed fourteen days prior to the hearing.
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IT IS SO ORDERED.
Dated: May 29, 2015

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STIPULATION AND PROPOSED ORDER TO
CONTINUE INITIAL SCHEDULING CONFERENCE
AND FILING OF JOINT STATUS REPORT

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