Cota v. UNITED STATES OF AMERICA et al

Filing 25

ORDER GRANTING AS MODIFIED 24 STIPULATION RE CASE MANAGEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 6/19/13. (jjoS, COURT STAFF) (Filed on 6/19/2013)

Case3:13-cv-00576-JSW Document24 Filed06/17/13 Page1 of 3

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MELINDA HAAG (CSBN 132612)
United States Attorney
ALEX G. TSE (CSBN 152348)
Chief, Civil Division
MICHAEL T. PYLE (CSBN 172954)
Assistant United States Attorney
150 Almaden Blvd., Suite 900
San Jose, California 95113
Telephone: [phone]
FAX: [phone]
[e-mail]

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Attorneys for Federal Defendants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CAPTAIN JOHN J. COTA,
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Plaintiff,
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v.
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UNITED STATES OF AMERICA ET AL., )
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Defendants.
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No. 13-00576 JSW
STIPULATION AND [PROPOSED]
ORDER RESCHEDULING CASE
MANAGEMENT CONFERENCE
Hon. Jeffrey S. White

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IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval
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of the Court, as follows.
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On May 2, 2013, the Court granted a stipulation and continued the initial Case Management
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Conference to 1:30 p.m on June 28, 2013, the same date as the hearing on the Federal
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Defendants’ motion to dismiss is scheduled to be heard at 9:00 a.m. Counsel for the Federal
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Defendants is counsel of record for the United States of America, acting through the Farm
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Service Agency, USDA, the only secured creditor in a pending Chapter 11 bankruptcy
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proceeding (07-51463 ASW). The dispute between the USDA and the debtors was resolved on
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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC
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C 13-00576 JSW

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Friday June 14, 2013, and a settlement agreement was signed. The bankruptcy court had

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continued a hearing for approval of the debtors’ disclosure statement multiple times, as the

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parties had advised the court of their efforts to resolve their differences. The settlement reached

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on Friday means that a hearing will be held in the bankruptcy court on June 28, 2013 at 2:15 p.m.

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in the San Jose courthouse (this hearing would have been continued further if the parties had not

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resolved the matter on June 14 if they were still negotiating). Thus, counsel for the Federal

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Defendants cannot attend a CMC in San Francisco at 1:30 p.m. on June 28, 2013 and make it to a

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hearing in San Jose at 2:15 p.m. on the same day. Furthermore, the bankruptcy court holds

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hearings of this nature only once per month and thus it is not possible to move the bankruptcy

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hearing.

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Plaintiff has no objection to the change in the time of the CMC requested by the Federal

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Defendants. Thus, the parties request that the Court hold the CMC during its 9 a.m. calendar,

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following the hearing on the pending motion to dismiss. Alternatively, the Court could vacate

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the CMC and schedule a date for the CMC in its order on the motion to dismiss.

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Dated: June 17, 2013

Respectfully submitted,
MELINDA HAAG
United States Attorney

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/s/ Michael T. Pyle
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By:
Michael T. Pyle
Assistant U.S. Attorney
Attorneys for Federal Defendants

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SINUNU BRUNI LLP

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/s/ John F. Meadows
/s/ Leopoldo J. Chanco

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By:
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JOHN F. MEADOWS
LEOPOLDO J. CHANCO
Attorneys for Plaintiff
CAPTAIN JOHN J. COTA

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PURSUANT TO STIPULATION, IT IS SO ORDERED:
is VACATED and will be reset by the Court, if
The initial Case Management Conference will be held on _____________, 2013 at
STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC
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C 13-00576 JSW

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necessary in the order resolving the pending motion to dismiss.
______a.m./p.m. The parties shall submit a joint Case Management Conference Statement at

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least five court days in advance of the conference.

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DATED: June 19, 2013

_________________________________
HON. JEFFREY S. WHITE
United States District Judge

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC
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C 13-00576 JSW