Opinion
Case No.: 1:07-cv-01655-LJO-SABB
02-28-2013
PINNACLE ARMOR, INC, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
ERIC H. SAIKI (SBN 155762) RADCLIFF & SAIKI LLP Attorneys for Plaintiff, PINNACLE ARMOR, INC.
ERIC H. SAIKI (SBN 155762)
RADCLIFF & SAIKI LLP
Attorneys for Plaintiff, PINNACLE ARMOR, INC.
STIPULATION AND ORDER TO
CONTINUE DISCOVERY MOTION AND
RESPONSE DATES
Current Date: March 1, 2013
New Date: March 29, 2013
IT IS HEREBY STIPULATED by and between Plaintiff on the one hand, and Defendant, on the other hand, by and through their counsel of record pursuant to Local Rule 144(a) and subject to this Court's approval, to the following:
1. On February 12, 2013, the Court issued its Order re Plaintiff's Motion to Supplement the Administrative Record (ECF 81). The Order allowed Plaintiff to file a very narrow motion for discovery to uncover whether the National Institute of Justice ("NIJ") considered additional data from the Army or DOD, and set the deadline for filing said motion for March 1, 2013;
2. Accordingly, counsel for Plaintiff and Defendant are meeting and conferring over a stipulation as to the nature of any discovery and/or to supplement the Revised Administrative Record ("RAR") with Army or DOD data, which is continuing;
3. In view of the above, and because counsel for Defendant is scheduled to be on vacation during the week that the response to a discovery motion is due (March 8, 2013), the parties believe there is good cause to continue the motion deadline to March 29, 2013, with the response deadline continued accordingly to April 5, 2013;
4. The parties anticipate that the additional time will result in a stipulation based on their meet and confer efforts which will obviate the need for a discovery motion. The parties further anticipate that once said discovery and/or supplementation of the RAR is resolved by stipulation, they will be able to stipulate to a schedule for resolution of this case on the merits by cross-motions for summary judgment in a manner that will also allow for an attempt to informally resolve this action prior to the filing of said cross-motions.
RADCLIFF & SAIKI, LLP
By: _______________________
Eric H. Saiki
Attorneys for Plaintiff
PINNACLE ARMOR, INC.
STUART F. DELERY
Acting Assistant Attorney General
BENJAMIN B. WAGNER
United States Attorney
VINCENT M. GARVEY
Deputy Branch Director
By: __________________________
Tamra T. Moore
Attorneys for Defendant
UNITED STATES OF AMERICA
ORDER
Based on the above stipulation of all parties to this action, the Court directs that: Plaintiff's motion for discovery, or a stipulation for discovery and/or supplementation of the RAR in lieu of a motion for discovery, shall be filed on or before March 29, 2013, and Defendant's response to a motion for discovery, if any, be filed on or before April 5, 2013. IT IS SO ORDERED.
________________________
UNITED STATES MAGISTRATE JUDGE