Ruffino v. United States of America

Filing 24

STIPULATION and ORDER to MODIFY the PRETRIAL SCHEDULING ORDER signed by District Judge Kimberly J. Mueller on 1/23/2018 ORDERING: Deadline for government to file its jurisdictional motion; discovery stayed pending resolution of the motion due by 3/2 3/2018; Hearing on jurisdictional motion set to 4/20/2018; Fact discovery resumes set to 7/9/2018; Fact discovery cutoff due by 10/5/2018; Parties submit expert reports by 10/26/2018; Parties submit supplemental expert reports by 11/16/2018; Expert d iscovery cutoff due by 12/21/2018; Dispositive motions heard no later than 2/8/2019; Joint pretrial conference statement and motions in limine due by 5/10/2019; Final Pretrial Conference set for 3/31/2019 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; Trial briefs due by 6/24/2019; and Bench Trial set for 7/8/2019 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Hunt, G)

1 McGREGOR W. SCOTT
United States Attorney
2 PHILIP A. SCARBOROUGH (SBN 254934)
Assistant United States Attorney
3 501 I Street, Suite 10-100
Sacramento, CA 95814
4 Telephone: [phone]
Facsimile: [phone]
5 [e-mail]
6 Attorneys for the United States of America
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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GIANFRANCO RUFFINO,
Plaintiff,

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CASE NO. 2:16-CV-02719-KJM-CKD

v.

STIPULATION AND JOINT REQUEST TO
MODIFY PRETRIAL SCHEDULING ORDER;
ORDER

UNITED STATES OF AMERICA,
Defendant.

COURT:
JUDGE:

Courtroom 3, 15th Floor
Hon. Kimberly J. Mueller

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Plaintiff Gianfranco Ruffino and Defendant the United States of America jointly stipulate as

17 follows and submit this request to modify the Amended Pretrial Scheduling Order (ECF 11). The
18 purpose of the requested scheduling modification is to permit the Court to resolve the government’s
19 anticipated motion to dismiss for lack of subject matter jurisdiction before the parties conclude
20 discovery, including expert discovery.
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The Court previously entered a scheduling order that contemplated two phases of discovery, with

22 the first phase focused on fact discovery and jurisdictional issues, and the second phase focused on
23 damages issues. See ECF 11 at 2. The second phase of discovery was scheduled to close on March 30,
24 2018. Due to difficulty scheduling certain fact witnesses for depositions because of their firefighting
25 responsibilities, the parties requested and the Court approved a modification to the scheduling order to
26 combine both phases of discovery into a single phase, closing on March 30, 2018. ECF 13.
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As previously noted, the government intends to file a motion to dismiss for lack of subject matter

28 jurisdiction under the FTCA. See ECF 11 at 2. The current scheduling order requires the government to
JOINT STIPULATION AND REQUEST TO MODIFY
AMENDED PRETRIAL SCHEDULING ORDER; ORDER

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1 file its jurisdictional motion by the close of fact discovery. Id.
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The parties agree that the Court’s ruling on the anticipated jurisdictional motion would assist

3 them as they complete discovery, including expert discovery. If the Court grants the motion, it may be
4 dispositive of the case, which may eliminate the need to undertake certain discovery. If the Court denies
5 the motion in whole or in part, the ruling may help define the issues for remaining discovery.
6 Accordingly, the parties respectfully request that the Court modify the schedule as specified below to
7 allow time for the Court to rule on the jurisdictional motion before completion of discovery.
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Proposed Schedule:
Deadline for government to file its jurisdictional motion;
discovery stayed pending resolution of the motion
Hearing on jurisdictional motion
Fact discovery resumes
Fact discovery cutoff
Parties submit expert reports
Parties submit supplemental expert reports
Expert discovery cutoff
Dispositive motions hearing deadline
Joint pretrial conference statement and motions in limine due

March 23, 2018
April 20, 2018
July 9, 2018
October 5, 2018
October 26, 2018
November 16,2018
December 21, 2018
February 15, 2019
May 3, 2019

Final pretrial conference
Trial briefs
Bench trial

May 24, 2019
June 24, 2019
July 8, 2019
McGREGOR W. SCOTT
United States Attorney

19 Dated: January 19, 2018
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By: /s/ Philip A. Scarborough
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for Defendant the
United States of America

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24 Dated: January 19, 2018

CASEY GERRY SCHENK
FRANCAVILL BLATT &
PENFIELD, LLP

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By: /s/ Angela J. Chun

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JOINT STIPULATION AND REQUEST TO MODIFY
AMENDED PRETRIAL SCHEDULING ORDER; ORDER

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Angela Jae Chun
Attorneys for Plaintiff
Gianfranco Ruffino

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ORDER
GOOD CAUSE APPEARING, the parties’ joint stipulation and request to modify the Amended

6 Scheduling Order is APPROVED. The case shall be governed by the schedule set forth below. The
7 parties shall refer to the Amended Pretrial Scheduling Order (ECF 11) for the Court’s other pretrial
8 instructions.
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Schedule:
Deadline for government to file its jurisdictional motion;
discovery stayed pending resolution of the motion
Hearing on jurisdictional motion
Fact discovery resumes
Fact discovery cutoff
Parties submit expert reports
Parties submit supplemental expert reports
Expert discovery cutoff
Dispositive motions hearing deadline
Joint pretrial conference statement and motions in limine due

March 23, 2018
April 20, 2018
July 9, 2018
October 5, 2018
October 26, 2018
November 16,2018
December 21, 2018
February 8, 2019
May 10, 2019

Final pretrial conference
Trial briefs
Bench trial

May 31, 2019
June 24, 2019
July 8, 2019

20 DATED: January 23, 2018
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UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION AND REQUEST TO MODIFY
AMENDED PRETRIAL SCHEDULING ORDER; ORDER

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