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Rogers v. United States

United States District Court, Eastern District of California
Jun 24, 2022
2:21-cv-02213-MCE-DMC (E.D. Cal. Jun. 24, 2022)

Opinion

2:21-cv-02213-MCE-DMC

06-24-2022

DONALD ROGERS; and DAVID A. DENNIS, JR., Plaintiffs v. UNITED STATES OF AMERICA; and ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD UPON PLAINTIFFS' TITLE THERETO, Defendant.

LAW OFFICE OF NICKOLAS A URICK NICK A. URICK, ESQ. ATTORNEY FOR PLAINTIFFS MARCUS JOHNSON, MISHA KARIGACA, MANUEL LABRADOR, AND KENYA LATIMORE PHILLIP A. TALBERT, ESQ. BENJAMIN E. HALL ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA


LAW OFFICE OF NICKOLAS A URICK NICK A. URICK, ESQ. ATTORNEY FOR PLAINTIFFS MARCUS JOHNSON, MISHA KARIGACA, MANUEL LABRADOR, AND KENYA LATIMORE

PHILLIP A. TALBERT, ESQ. BENJAMIN E. HALL ATTORNEYS FOR DEFENDANT UNITED STATES OF AMERICA

SECOND STIPULATION AND ORDER TO CONTINUE HEARING DATE AND BRIEFING DATES FOR DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS PLAINTIFFS' COMPLAINT [L.R. 143]

MORRISON C. ENGLAND, JR. SENIOR UNITED STATR5TTLSTRICT JUDGE

COME NOW counsel for Plaintiffs DONALD ROGERS and DAVID A. DENNIS, JR. (herein collectively “Plaintiffs”) and counsel for Defendant UNITED STATES OF AMERICA (“USA”), and hereby represent to the Court as follows:

Plaintiffs and USA are herein referred collectively as the “Parties”.

This is the Second Stipulation to Continue in the above captioned matter, as the Court granted the Parties' stipulation to continue on May 11, 2022. [Doc 9].

The Parties request this continuance at the request of Plaintiffs, as counsel for Plaintiffs has a two-week Jury Trial commencing on July 1, 2022 in the Alameda Superior Court matter Kamakura Inc, et al. vs. The Thompson Family Trust, et al., Case No. RG18922906.

That in the aforementioned matter, the week of June 20th has been filled with last minute expert and party depositions, leaving inadequate time for Plaintiffs' Opposition in the above captioned matter. The parties in the aforementioned matter are also trying to schedule a second Mandatory Settlement Conference to be held the week of June 20th.

That Plaintiffs' Opposition is currently due on Monday, June 27, 2022.

That on June 20, 2022, counsel for Plaintiffs left a voicemail and sent a follow up email requesting the Parties stipulate to continue the briefing dates on Defendant's motion to dismiss.

That counsel for Defendant agreed to continue the briefing dates on June 21, 2022.

For the reasons outlined above, the Parties respectfully request to continue the hearing and briefing schedule under L.R. 143 and EDCA Rule 230(f) for thirty (30) days as follows:

The parties acknowledge the Court's Minute Order vacating the hearing. [Doc. 9].

The parties further stipulate and agree that the time within which Plaintiffs may file and serve an Opposition to Defendant USA's Motion to Dismiss the Complaint shall be extended, pursuant to L.R. 143 and EDCA Rule 230(f), to on or before July 27, 2022.

The Parties further stipulate and respectfully request this Honorable Court continue the date for Defendant USA's Reply, if any, to August 5, 2022.

It is so stipulated and agreed.

ORDER

At the request of the Parties, the hearing date for Defendant USA's Motion to Dismiss Plaintiffs' Complaint is continued to August 12, 2022, for scheduling purposes only. The hearing on said motion remains VACATED and SUBMITTED without appearance and argument.

Pursuant to the stipulation between the Parties, the date for Plaintiffs' Response to Defendant USA's Motion to Dismiss Plaintiffs' Complaint is hereby continued to July 27, 2022, and the due date for Defendant USA's reply, if any, is continued to August 5, 2022.

IT IS SO ORDERED.


Summaries of

Rogers v. United States

United States District Court, Eastern District of California
Jun 24, 2022
2:21-cv-02213-MCE-DMC (E.D. Cal. Jun. 24, 2022)
Case details for

Rogers v. United States

Case Details

Full title:DONALD ROGERS; and DAVID A. DENNIS, JR., Plaintiffs v. UNITED STATES OF…

Court:United States District Court, Eastern District of California

Date published: Jun 24, 2022

Citations

2:21-cv-02213-MCE-DMC (E.D. Cal. Jun. 24, 2022)