Hymas v. USA

Filing 85

ORDER GRANTING DEFENDANT'S MOTION TO VACATE NOTICE SETTING SCHEDULING CONFERENCE Re: 84 Motion to Vacate re 83 Scheduling Conference Notice. Signed by Judge Salvador Mendoza, Jr. (AY, Case Administrator)

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FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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Dec 13, 2016
SEAN F. MCAVOY, CLERK

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JAY HYMAS d/b/a DOSMEN
FARMS,
Plaintiff,

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v.

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No. 4:16-CV-5091-SMJ

ORDER GRANTING
DEFENDANT’S MOTION TO
VACATE NOTICE SETTING
SCHEDULING CONFERENCE

THE UNITED STATES,
Defendant.

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Before the Court, without oral argument, is Defendant The United States’
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Motion to Vacate Scheduling Conference Notice, ECF No. 84. Defendant notes
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that the Court granted plaintiff leave to file a second amended complaint by
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December 14, 2016, and argues that a scheduling conference would be premature
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before Defendant has an opportunity to review and respond to any amended
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complaint. ECF No. 84 at 1–2. Defendant further argues that this case is exempt
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from the requirements of Rule 26(a) and (f), and therefore the parties should not be
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required to discuss and propose a plan concerning discovery. ECF No. 84 at 2–3.
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The Court finds that good cause exists to continue the scheduling conference
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to permit Defendant time to review and respond to any amended complaint that
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Plaintiff may file. The Court also agrees with Defendant that because this is an

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action for review on an administrative record, certain requirements of Rule 26 are

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inapplicable. Fed. R. Civ. P. 26(a)(1)(B), (f)(1). Accordingly, the Notice Setting

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Court’s Scheduling Conference, ECF No. 83, is vacated. However, because the

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Court is obligated to set an appropriate schedule for proceedings in this matter, see

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Fed. R. Civ. P. 16(b), the parties shall file a status report on or before January 13,

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2017, advising the court of the status of this matter and proposing a schedule for

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further proceedings. The telephonic scheduling conference currently set for January

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6, 2017, at 1:30 p.m., is reset for January 27, 2017, at 9:00 a.m.

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Accordingly, IT IS HEREBY ORDERED:
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No. 84, is GRANTED.

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Defendant’s Motion to Vacate Scheduling Conference Notice, ECF

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The telephonic scheduling conference currently set for January 6,

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2017, at 1:30 p.m., is reset for January 27, 2017, at 9:00 a.m. Parties

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are directed to call the Court’s public conference line: 1-888-808-

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6929; Enter Access Code: 7286684; and Security Code: 0900 at the

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time specified for hearing. Use of mobile and/or speaker phones is

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prohibited.

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3.

The parties shall file a status report, jointly or separately, on or before

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January 13, 2017, advising the court of the status of this matter and

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proposing a schedule for further proceedings.

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IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to Plaintiff, Pro-Se and all counsel.
DATED this 13th day of December 2016.

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__________________________
SALVADOR MENDOZA, JR.
United States District Judge

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Q:\SMJ\Civil\2016\Hymas v United States-5091\Ord continuing TSC docx

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