Opinion
Case No. 2:11-cv-627-MCE-JFM
08-06-2012
NEW GAMING SYSTEMS, INC., Plaintiff, v. UNITED STATES OF AMERICA, Defendant.
BOUTIN JONES INC. ROBERT R. RUBIN Attorneys for Plaintiff New Gaming Systems, Inc. KATHRYN M. KENEALLY Assistant Attorney General COLIN C. SAMPSON Attorneys for the United States of America
BOUTIN JONES INC.
Robert R. Rubin #117428
Attorneys for Plaintiff New Gaming Systems, Inc.
KATHRYN KENEALLY
Assistant Attorney General
COLIN C. SAMPSON
Trial Attorney, Tax Division
U.S. Department of Justice
Of Counsel:
BENJAMIN B. WAGNER United States Attorney
Attorneys for the United States of America
STIPULATION AND JOINT REQUEST
TO MODIFY PRETRIAL SCHEDULING
ORDER; ORDER
Plaintiff New Gaming Systems, Inc. ("Plaintiff") and defendant United States of America ("Defendant") hereby stipulate and submit the following joint request to modify the Pretrial Scheduling Order of September 8, 2011.
RECITALS
WHEREAS, on September 8, 2011, the Court issued its Pretrial Scheduling Order which provided that discovery shall close on August 3, 2012; and
WHEREAS, on June 20, 2012, Defendant propounded its Second Set of Requests for Production of Documents to Plaintiff; and
WHEREAS, Plaintiff is in the process of moving its offices, and suspects that the final move-in date may be approximately September 2012; and
WHEREAS, because of construction delay and the inability to occupy the new space, much of Plaintiff's files are temporarily in storage; and
WHEREAS, Plaintiff anticipates that it will not be able to complete its search for documents responsive to Defendant's Second Set of Requests for Production of Documents until October 1, 2012; and
WHEREAS, Defendant has granted Plaintiff an extension of time to respond to Defendant's Second Set of Requests for Production of Documents to August 3, 2012, the discovery cutoff deadline; and
WHEREAS, in order to extend Plaintiff's response date to October 1, 2012, as requested, the parties believe that a modification to the Pretrial Scheduling Order to continue the discovery deadline by 60 days would be necessary;
STIPULATION
NOW, THEREFORE, it is hereby stipulated by and between Plaintiff and Defendant as follows:
The Pretrial Scheduling Order dated September 8, 2011, shall be modified to extend the discovery cutoff by 60-days, from August 3, 2012, to October 3, 2012. Expert Witness Disclosures shall be moved to Monday, December 3, 2012.
Further, the dispositive motions deadline shall be moved from February 7, 2013, to Thursday, April 4, 2013.
The parties request that the court reschedule the final pretrial conference from Thursday, April 4, 2013 at 2:00pm, to some time sixty days out that is convenient for the Court, perhaps Tuesday, June 6, 2013 at 2:00pm. The Joint Final Pretrial Conference Statement, set for three weeks before the Final Pretrial Conference, be set for Thursday, May 16, 2013. Trial Briefs shall be due May 16, with oppositions due May 23 and the reply due May 30, 2013. The parties request a trial date in August 2013.
Respectfully submitted,
BOUTIN JONES INC.
By: _______________
ROBERT R. RUBIN
Attorneys for Plaintiff New Gaming Systems, Inc.
KATHRYN M. KENEALLY
Assistant Attorney General
By: ______________
COLIN C. SAMPSON
Attorneys for the United States of America
ORDER
Upon reviewing the parties' Stipulation and Joint Request to Modify Pretrial Scheduling Order, and good cause appearing therefore, that request is hereby GRANTED. An Amended Pretrial Scheduling Order will follow.
IT IS SO ORDERED.
_____________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE