Opinion
BENJAMIN B. WAGNER, United States Attorney, CHI SOO KIM, ALYSON BERG, Assistant United States Attorneys, Sacramento, CA, Attorneys for United States.
DANIEL E. WILCOXEN, WILLIAM CALLAHAM, BRIAN PLUMMER, WILCOXEN CALLAHAM, LLP, Sacramento, CA.
JOHN G. BILHEIMER, HALEY & BILHEIMER, Nevada City, CA, Attorneys for Plaintiffs Robyn Holloway and Sterling Holloway.
STIPULATION AND ORDER TO CONTNUE TRIAL DATE
MORRISON C. ENGLAND, Jr., Chief District Judge.
Plaintiffs Robyn Holloway and Sterling Holloway and Defendant United States, by and through their respective counsel, stipulate and respectfully request the continuation of the dates set for trial, the Final Pretrial Conference, and pretrial filings to conserve the resources and time of the Court, all parties, and all witnesses pending the resolution of two related appeals that may impact trial and resolution of this action. Dkt 83, 89.
There are two appeals related to this Federal Tort Claims Act ("FTCA") action that have been fully briefed and are currently pending before the Ninth Circuit: (1) Ninth Circuit Case No. 14-16079, an appeal of this Court's denial of a motion to intervene by Security National Insurance Co. in this action, Holloway v. United States, No. 2:12-cv-2120 MCE-CKD; and (2) Ninth Circuit Case No. 14-15479, an appeal of this Court's grant of the United States' motion to dismiss the complaint in the related action, Security National Insurance Co. v. United States, No. 2:13-cv-1594 MCE-CKD. Both appeals have been assigned to the same merits panel. On October 22, 2015, the Ninth Circuit issued notices that both appeals are being considered for the February 2016 oral argument calendar. Because the resolution of either appeal may affect the trial and resolution of this lawsuit and because the appeals are now being considered for oral argument in February 2016, the same month in which trial in this action is currently scheduled, the parties respectfully request continuing the dates set for trial, the Final Pretrial Conference, and pretrial filings to conserve the resources and time of the Court, all parties, and all witnesses. The current and proposed schedules are provided below for the Court's reference.
Further, the United States is not aware of any five-year rule regarding the length of time in which an FTCA action must be brought to trial in federal court, and as such, does not object to continuing the trial in this action pending the resolution of the two related appeals.
The United States will promptly inform Plaintiffs regarding the resolution of the pending appeals. If the pending appeals are not resolved by May 31, 2016, the parties will then meet and confer regarding a trial schedule and will contact chambers regarding available trial dates. The parties will file a Joint Status Report by June 7, 2016 to update the Court regarding the pending appeals and to either confirm the August 8, 2016 trial date or provide a revised proposed schedule for the Final Pretrial Conference and trial of this action, Holloway v. United States, No. 2:12-cv-2120 MCE-CKD.
Current Proposed
Joint Pretrial Statement December 4, 2015 May 26, 2016 Evidentiary or Procedural Motions December 4, 2015 May 26, 2016 Oppositions December 11, 2015 June 2, 2016 Replies December 18, 2015 June 9, 2016 Joint Status Report Re: Trial Date n/a June 7, 2016 Final Pretrial Conference January 14, 2016 June 16, 2016 Trial Brief February 16, 2016 June 2, 2016 Trial (bench trial, 15 days) February 29, 2016 August 8, 2016
ORDER
IT IS SO ORDERED.