Opinion
1:12-CV-00919 JLT
04-22-2013
UNITED STATES OF AMERICA, Plaintiff, v. APPROXIMATELY $122,049.45 SEIZED FROM BANK OF THE SIERRA ACCOUNT NUMBER 1600621670, HELD IN THE NAME OF WILSON MOBIL, INC., a California Corporation, and APPROXIMATELY $10,895.34 SEIZED FROM BANK OF THE SIERRA ACCOUNT NUMBER 1600623270, HELD IN THE NAME OF WILSON MOBIL, INC., a California Corporation, Defendants.
BENJAMIN B. WAGNER United States Attorney HEATHER MARDEL JONES Assistant United States Attorney MICHAEL P. MEARS Attorney for Claimants Tim Tran, Karen Chhan, and Wilson Mobil, Inc. (Original signature retained by attorney)
BENJAMIN B. WAGNER
United States Attorney
HEATHER MARDEL JONES
Assistant United States Attorney
United States Courthouse
2500 Tulare Street, Suite 4401
Fresno, California 93721
(559) 497-4000 Telephone
(559) 497-4099 Facsimile
Attorneys for the United States
STIPULATION TO CONTINUE
SCHEDULING ORDER DATES
AND ORDER
(DOC 25)
IT IS HEREBY STIPULATED by and between the United States of America, claimants Tim Tran, Karen Chhan, Wilson Mobil, Inc., and their counsel of record, as follows:
On July 26, 2012, the parties to this matter submitted their Joint Scheduling Report setting forth the various discovery, disclosure, and dispositive motion dates, as required pursuant to FRCP Rule 16(b), along with proposed trial and pretrial deadline dates;
The parties now jointly agree that to facilitate and complete full discovery and disclosure of said discovery, the discovery and disclosure dates currently set forth in the Joint Scheduling Report and the Court's Scheduling Order issued pursuant thereto should be extended approximately seventy (75) days;
Due to the Court's request to continue the settlement conference date to July 5, 2013, the parties wish the engage in a meaningful settlement conference prior to the expenditures required for extensive depositions of the parties, as well as for expert discovery;
Additionally, due to the press of business with the compounded schedule of counsel and the recent sequestration by Congress has made participating in full discovery financially limiting for the United States and therefore, extended discovery is necessary to allow the United States to determine how to fully litigate this case under such compromise;
The parties have engaged in meaningful discovery and preliminary settlement discussions have commenced;
That extension of the discovery dates will not affect the trial or pre-trial motion dates set forth in the Scheduling Order;
The parties hereby stipulate that the dates set forth in the parties' Joint Scheduling Report and in the Court's August 2, 2012 Scheduling Order (Doc. 15) should be changed to the following dates:
+-----------------------------------------------------------------------+ ¦Discovery Event ¦Current Date/Deadline ¦Proposed New Date ¦ +---------------------------+-----------------------+-------------------¦ ¦Non-Expert Discovery ¦May 15, 2013 ¦July 30, 2013 ¦ +---------------------------+-----------------------+-------------------¦ ¦Expert Disclosure ¦June 3, 2013 ¦August 19, 2013 ¦ +---------------------------+-----------------------+-------------------¦ ¦Supplemental Expert ¦July 8, 2013 ¦September 23, 2013 ¦ +---------------------------+-----------------------+-------------------¦ ¦EDxispcelorts uDries covery¦August 9, 2013 ¦October 23, 2013 ¦ +-----------------------------------------------------------------------+
In the alternative, if it is the Court's preference that the parties stipulate to continue each and every date listed within the Scheduling Order the requested additional 75 days, a further amended stipulation shall be filed.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
________________________
HEATHER MARDEL JONES
Assistant United States Attorney
________________________
MICHAEL P. MEARS
Attorney for Claimants Tim Tran,
Karen Chhan, and Wilson Mobil, Inc.
(Original signature retained by attorney)
ORDER
All discovery dates currently set forth in the Court's August 2, 2012 Scheduling Order (Doc. 15) shall be rescheduled to those dates stipulated to by the parties, as set forth hereinabove. IT IS SO ORDERED.
Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE