Niva v. United States of America Department of The Interio

Filing 129

STIPULATION AND ORDER RE: 128 VACATING TRIAL AND PRETRIAL SCHEDULE. (rslc2, COURT STAFF) (Filed on 11/10/2009)

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney JOANN M. SWANSON (CSBN 88143) Chief, Civil Division CLAIRE T. CORMIER (CSBN 154364) JAMES A. SCHARF (CSBN 152171) Assistant United States Attorneys 150 Almaden Boulevard, Suite 900 San Jose, California 95113 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant United States of America

*E-Filed 11/10/09*

UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This case is currently scheduled for trial on November 23, 2009. The parties participated in a mediation on November 3, 2009 and have reached a contingent settlement. The settlement must be approved by the Assistant Attorney General before it can be submitted to the Court. Accordingly, the parties hereby STIPULATE AND REQUEST that the current trial and pretrial schedule, including the trial date of November 23, 2009, be vacated and a status conference be set in approximately 60 days. // // //
STIPULATION AND [PROPOSED] ORDER VACATING TRIAL DATE C 03-0908 RS

GARY NIVA and ALINKA NIVA, as Administrators of the Estate of ERIC AUSTIN NIVA, deceased, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant.

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No. C 03-0908 RS STIPULATION AND [PROPOSED] ORDER VACATING TRIAL AND PRETRIAL SCHEDULE Trial Date: November 23, 2009

1 2 3 4 5 6 7 8 9 DATED: November 4, 2009 DATED: November 5, 2009

Respectfully submitted,

JOSEPH P. RUSSONIELLO United States Attorney /s/ Claire T. Cormier1 CLAIRE T. CORMIER Assistant United States Attorney THE BOCCARDO LAW FIRM LLP /s/ John C. Stein

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Claire T. Cormier, hereby attest that I have on file all holographic signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
S T I P U L A T I O N AND [PROPOSED] ORDER VACATING TRIAL DATE C 03-0908 RS
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JOHN C. STEIN Attorney for Plaintiff

[PROPOSED] ORDER Upon stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the pretrial schedule and the trial date for this action are VACATED. Unless a stipulation of
January 13 dismissal is filed, Counsel shall appear for a status conference on ____________________, 2010 2:30 at _________ p.m.

DATED: November ___, 2009 9

_______________________________________ RICHARD SEEBORG United States Magistrate Judge