United States of America v. Weldon et al

Filing 50

ORDER TO CONTINUE PRE-TRIAL AND TRIAL DATES signed by District Judge Lawrence J. O'Neill on March 5, 2010. Pretrial Conference set for 5/17/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. Bench Trial set for 6/21/2010 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill.(Lira, I)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to a February 6, 2009 scheduling order, this matter is set for a March 15, 2010 pre-trial conference and an April 12, 2010 court trial. On March 5, 2010, plaintiff United States of America ("Plaintiff") requested to continue the pre-trial and trial dates. Plaintiff based on the request on the following facts: (1) No defendants other than the California Franchise Tax Board ("State") and the County of Fresno ("County") have appeared in this action; (2) on April 10, 2009, Plaintiff, State and County entered into a stipulation regarding lien priority; (3) State and County are dismissed from this action; (4) On February 24, 2010, United States Magistrate Judge Sandra M. Snyder referred her findings and recommendations that Plaintiff's motion for entry of default judgment against the remaining defendants be granted; (5) objections to the findings and recommendations are not due until March 29, 2010; (6) if granted, the findings and recommendations will be dispositive, rendering moot the pre-trial vs. LOWELL D. WELDON, BESSIE L. WELDON, MIDLAND MORTGAGE CO., a.k.a., MIDFIRST BANK, STATE OF CALIFORNIA FRANCHISE TAX BOARD, and COUNTY OF FRESNO, Defendants. / UNITED STATES OF AMERICA, Plaintiff, CASE NO. CV F 08-1643 LJO SMS ORDER TO CONTINUE PRE-TRIAL AND TRIAL DATES (Doc. 49) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conference and trial. Having considered Plaintiff's request, this Court: 1. 2. GRANTS Plaintiff's request for a continuance of the pre-trial and trial dates; CONTINUES the March 15, 2010 pre-trial conference to May 17, 2010 at 8:30 a.m. in Courtroom 4 (LJO); and 3. CONTINUES the April12, 2010 court trial to June 21, 2010. IT IS SO ORDERED. Dated: b9ed48 March 5, 2010 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

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