Ruffino v. United States of America

Filing 33

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 7/9/2018 ORDERING the stay on discovery shall continue until 14 days after the Court issues a ruling on the government's motion to dismiss for lack of subject matter jurisdict ion. The parties shall file a joint scheduling report no later than 14 days after the Court issues a ruling on the government's motion to dismiss to propose a schedule to govern the remainder of the case if necessary. All other pending deadlines are VACATED. (Washington, S)

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
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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
STIPULATION AND JOINT REQUEST TO
MODIFY PRETRIAL SCHEDULE; ORDER

v.
UNITED STATES OF AMERICA,

COURT:
JUDGE:

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

Defendant.

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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 governing schedule (ECF 24 and ECF 26).
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The parties previously stipulated, and the Court approved, a schedule that contemplated a stay of

19 discovery while the parties submitted briefs on the government’s motion to dismiss for lack of subject
20 matter jurisdiction. See ECF 24. The schedule was extended to account for plaintiff’s counsel’s
21 maternity leave. See ECF 26. The government’s jurisdictional motion was fully briefed on June 8,
22 2018. ECF 27, ECF 28, ECF 29, ECF 30. Under the current schedule, the stay of discovery will end on
23 July 9, 2018. ECF 26, ECF 24.
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The parties continue to agree that the Court’s ruling on the anticipated jurisdictional motion

25 would assist them as they complete discovery, including expert discovery. If the Court grants the
26 motion, it may be dispositive of the case, which may eliminate the need to undertake certain discovery.
27 If the Court denies the motion in whole or in part, the ruling may help define the issues for remaining
28 discovery. Accordingly, the parties respectfully request that the Court vacate all pending deadlines and
STIPULATION AND JOINT REQUEST TO MODIFY
PRETRIAL SCHEDULE; ORDER

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1 continue the stay of discovery until fourteen days after the Court issues a ruling on the pending
2 jurisdictional motion (ECF 27), at which time the parties shall file a joint scheduling report to propose a
3 schedule to govern the remainder of the case, if necessary.
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Dated: June 28, 2018

McGREGOR W. SCOTT
United States Attorney

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By:
PHILIP A. SCARBOROUGH
Assistant United States Attorney
Attorneys for Defendant the
United States of America

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CASEY GERRY SCHENK
FRANCAVILL BLATT &
PENFIELD, LLP

Dated: June 28, 2018

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By:
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Angela Jae Chun
Attorneys for Plaintiff
Gianfranco Ruffino

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

17 schedule is APPROVED. The stay on discovery shall continue until 14 days after the Court issues a
18 ruling on the government’s motion to dismiss for lack of subject matter jurisdiction. The parties shall
19 file a joint scheduling report no later than 14 days after the Court issues a ruling on the government’s
20 motion to dismiss to propose a schedule to govern the remainder of the case if necessary. All other
21 pending deadlines are vacated.
22 DATED: June 9, 2018.
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UNITED STATES DISTRICT JUDGE

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STIPULATION AND JOINT REQUEST TO MODIFY
PRETRIAL SCHEDULE; ORDER

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