USA v. Estate of Joseph Arleo

Filing 14

STIPULATION and ORDER signed by District Judge John A. Mendez on 10/24/16 ORDERING scheduling order MODIFIED as follows: Fact Discovery Cut-Off now due by 3/16/2017; Discovery now due by 3/31/2017; Dispositive Motions now due by 5/9/2017; Dispositive Motion Hearing to be heard on 6/6/17 at 1:30 PM; Final Pretrial Conference CONTINUED to 7/14/2017 at 10:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez; and Bench Trial CONTINUED to 8/21/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez.(Washington, S)

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MARY ELIZABETH RINALDI (CA Bar #200459)
Thorn Law Group, PLLC
888 16th Street NW
Suite 800
Washington, DC 20006
202-270-7273 (v)
202-743-7446 (f)
[e-mail]
Attorney for Defendants
ESTATE OF JOSEPH ARLEO, DECEASED
and
ANTHONY PESOLA, ADMINISTRATOR OF
THE ESTATE OF JOSEPH ARLEO

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IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,
Plaintiff,

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v.

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No. 2:15-CV-01239-JAM-KJN
STIPULATION AND ORDER THEREON TO
AMEND SCHEDULING ORDER

ESTATE OF JOSEPH ARLEO,
DECEASED

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and
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ANTHONY PESOLA, ADMINISTRATOR
OF THE ESTATE OF JOSEPH
ARLEO,

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Defendants.
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Plaintiff UNITED STATES OF AMERICA (“United States”) and

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Defendants ESTATE OF JOSEPH ARLEO, DECEASED (the “Estate”) and

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ANTHONY PESOLA, ADMINISTRATOR OF THE ESTATE OF JOSEPH ARLEO (the

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“Administrator”), by and through their respective attorneys of

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record, and pursuant to USDC EDCA Local Rules 143 and 144 and

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FRCP 16(b), hereby stipulate and agree as follows:

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Case No.:
2:15-cv-01239-JAM-KJN

14520366.1
STIPULATION AND PROPOSED ORDER THEREON TO AMEND SCHEDULING ORDER

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WHEREAS, on or about February 26, 2016, this Court, pursuant

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to Federal Rule of Civil Procedure (“FRCP”) 16(b) and the FRCP

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26(f) Case Management Report of the parties, issued a Scheduling

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Order setting the case for trial and establishing the initial

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trial date of April 17, 2017;

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WHEREAS, due to the length of time elapsed between the

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actions allegedly giving rise to the complaint and the filing of

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the complaint, documentation is difficult to obtain;

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WHEREAS, the person who allegedly committed the act named in

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the complaint is deceased, and evidence relating to his actions

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and state of mind will have to be gathered from third parties,

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likely requiring multiple depositions, including depositions of

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persons located outside of California and the United States;

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WHEREAS, the parties are optimistic that the extensive time

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and expense that would be incurred preparing for, traveling to,

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and taking and defending depositions could be avoided if the

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matter is resolved prior to trial;

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WHEREAS, the parties are actively in the process of

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discussing settlement outcomes without resorting to trial, but no

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resolution has yet been reached from their dialogue;

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WHEREAS, the parties stipulate and agree that they are

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unable to concurrently exhaust settlement discussions and pursue

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costly and time-consuming discovery and depositions;

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WHEREAS, the Scheduling Order includes a November 17, 2016

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cutoff deadline for completion of fact discovery, a December 2,

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2016 cutoff deadline for all discovery, and a December 7, 2016

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cutoff deadline for expert depositions;

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Case No.:
2:15-cv-01239-JAM-KJN

14520366.1
STIPULATION AND PROPOSED ORDER THEREON TO AMEND SCHEDULING ORDER

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WHEREAS, the parties are loath to use further time and

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resources pursuing costly discovery and litigation while there is

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a very likely possibility of resolving the matter before trial;

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WHEREAS, the parties have diligently attempted to adhere to

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the current pretrial deadlines, and are making this request to

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the Court for modification of the current Scheduling Order,

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because, without an extension, the parties will be forced to

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immediately commence depositions and expert report preparation;

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WHEREAS, neither party will be prejudiced by a four month

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extension of the current trial date and related deadlines; and

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WHEREAS, there have been no previous requests that the Court

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amend the Scheduling Order to extend any deadlines or to continue

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the trial date.

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NOW THEREFORE, the parties, through their respective
counsel, jointly propose and stipulate to the following:

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The deadlines in the Scheduling Order previously set forth

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by the Court shall be revised as follows, or set on such other

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dates as the Court determines:

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Event

Current date

Proposed new date

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Fact Discovery cut-off

Nov. 17, 2016

Mar. 16, 2017

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Discovery cut-off

Dec. 2, 2016

Mar. 31, 2017

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Dispositive Motions cut-off

Jan. 10, 2017

May 2, 2017

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Dispositive Motion Hearing

Feb. 7, 2017

June 6, 2017

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Final Pre-Trial Conference

Mar. 17, 2017

July 14, 2017

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Trial

Apr. 17, 2017

Aug. 14, 2017

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It is further stipulated and agreed between the parties that
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Case No.:
2:15-cv-01239-JAM-KJN

14520366.1
STIPULATION AND PROPOSED ORDER THEREON TO AMEND SCHEDULING ORDER

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all other provisions of the Scheduling Order of February 26, 2016

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shall remain in effect. This stipulation may be signed in

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counterparts and any facsimile or electronic signature shall be

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valid as an original signature.

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IT IS SO STIPULATED.

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Dated:

October 21, 2016

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By:_/s/ Mary Elizabeth Rinaldi__
MARY ELIZABETH RINALDI
Thorn Law Group, PLLC
888 16th Street NW
Suite 800
Washington, DC 20006
202-349-4033 (v)
202-743-7446 (f)
[e-mail]

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Attorney for Defendants
ESTATE OF JOSEPH ARLEO,
DECEASED, and
ANTHONY PESOLA, ADMINISTRATOR
OF THE ESTATE OF JOSEPH ARLEO

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Dated October 21, 2016
By:_/s/ Paul Butler (as
authorized on 10/21/2016)
PAUL BUTLER
US Department of Justice
PO Box 683
Washington, DC 20044
202-514-1170 (v)
202-307-0054 (f)
[e-mail]
Attorney for Plaintiff
UNITED STATES OF AMERICA

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Case No.:
2:15-cv-01239-JAM-KJN

14520366.1
STIPULATION AND PROPOSED ORDER THEREON TO AMEND SCHEDULING ORDER

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ORDER (AS AMENDED BY THE COURT)

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FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the

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parties, the deadlines in the Scheduling Order previously set

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forth by the Court are revised as follows:

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Event

Current date

Proposed new date

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Fact Discovery cut-off

Nov. 17, 2016

Mar. 16, 2017

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Discovery cut-off

Dec. 2, 2016

Mar. 31, 2017

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Dispositive Motions cut-off

Jan. 10, 2017

May 9, 2017

Dispositive Motion Hearing

Feb. 7, 2017

June 6, 2017

Final Pre-Trial Conference

Mar. 17, 2017

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July 14, 2017 at
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10:00 a.m.
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Aug. 21, 2017 at
Trial

Apr. 17, 2017
9:00 a.m.

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IT IS SO ORDERED
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Dated: 10/24/2016
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/s/ John A. Mendez________________
The Hon. John A. Mendez
United States District Court Judge
Eastern District of California

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Case No.:
2:15-cv-01239-JAM-KJN

14520366.1
STIPULATION AND PROPOSED ORDER THEREON TO AMEND SCHEDULING ORDER