Opinion
2:22-cv-00857-CDS-NJK
02-07-2023
Jeremia Gillo, an individual, Plaintiff, v. The Honorable Pete Buttigieg, Secretary of Transportation, Defendant. v.
SULTON LAW OFFICES ANNE T. SULTON, Ph.D., J.D. Wisconsin SBN 1010730 And HOLMAN LAW OFFICE KRISTINA S. HOLMAN Nevada SBN 3742 Attorneys for Plaintiff JASON M. FRIERSON United States Attorney PATRICK A. ROSE Assistant United States Attorney
SULTON LAW OFFICES ANNE T. SULTON, Ph.D., J.D. Wisconsin SBN 1010730 And HOLMAN LAW OFFICE KRISTINA S. HOLMAN Nevada SBN 3742 Attorneys for Plaintiff
JASON M. FRIERSON United States Attorney PATRICK A. ROSE Assistant United States Attorney
STIPULATION AND ORDER TO RESCHEDULE EARLY NEUTRAL EVALUATION (FIRST REQUEST)
DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
Pursuant to LR 7-1 and the terms of the Order Scheduling Early Neutral Evaluation (“ENE”), ECF No. 22 at 2:20-25, Federal Defendant requests, and Plaintiff consents to, a rescheduling of the ENE from February 21, 2023, to one of the following dates: March 24, 2023; March 27, 2023; March 28, 2023; March 30, 2023; or March 31, 2023. This is the first request to reschedule the ENE. The request is based on the reasons and circumstances set forth below.
Plaintiff has served three sets of discovery requests such that responses are due from Federal Defendant on February 13, 16, and 17, 2023. Plaintiff believes that these discovery requests and responses may be helpful for the ENE. Defense counsel was out of the office for two days recently, and he will be out of the office again during the week of February 13, 2023, for family-medical-related reasons. Defense counsel also has depositions on February 13, and 23, 2023, in other cases. Defense counsel and client agency counsel require additional time to devote to the discovery requests, as well as preparations for the ENE, in the instant case. To allow such additional time, including a two-week extension to serve discovery responses, the parties request a rescheduling of the ENE to one of the dates set forth in the first paragraph above. The parties understand that all other provisions of the Court's Order, ECF No. 22, remain in effect.
The relatively small Civil Division of the U.S. Attorney's Office remains quite busy, having three AUSA vacancies and one paralegal vacancy.
This request is submitted in good faith and not for purposes of undue delay.
ORDER
IT IS SO ORDERED. IT IS FURTHER ORDERED that the Early Neutral Evaluation scheduled for February 21, 2023 is VACATED and RESET to Thursday, March 30, 2023 at 10:00 a.m.
IT IS FURTHER ORDERED that the confidential evaluation statements must be submitted by 4:00 p.m. on Thursday, March 23, 2023.
IT IS FURTHER ORDERED that all other provisions of the Court's prior Order (ECF No. 22) remain in effect.