The Council For Education v. California Attorney General et al

Filing 56

ORDER signed by Magistrate Judge Kendall J. Newman on 3/26/2010. Attorney Rickey Ivie retained as counsel for plaintiff Council for Education. Judge Newman hereby VACATES hearings set for 4/1/2010 and parties shall re-notice their respective pending Motions for dates be District Judge Frank C. Damrell, Jr. Status Conference set for 4/22/2010 is VACATED and subject to re-setting by Judge Damrell. (Marciel, M)

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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 B E N J A M IN B. WAGNER U n ite d States Attorney Y O S H IN O R I H. T. HIMEL #66194 A s s is ta n t U. S. Attorney 5 0 1 I Street, Suite 10-100 S a c ra m e n to , California 95814 T e le p h o n e : (916) 554-2760 A tto rn e ys for Defendant U .S . DEPARTMENT OF EDUCATION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA T H E COUNCIL FOR EDUCATION, a nonprofit c o rp o ra tio n , and HAROLD HUGGINS, P l a i n t if f s , v. U .S . DEPARTMENT OF EDUCATION and IN T E R N A L REVENUE SERVICES [sic], D e f e n d a n ts . 2 :0 9 -c v -1 5 0 3 FCD KJN PS P A R T I E S ' STIPULATION A N D ORDER TO C O N T I N U E HEARING AND S T A T U S CONFERENCE D a te : A p ril 1, 2010 T im e : 1 0 :0 0 a.m. C trm : 2 5 (KJN) T h e parties hereby recite and stipulate, subject to the approval of the Magistrate Judge a s provided for hereon, as follows. RE CITA LS: 1 . Plaintiffs have new counsel of record: R ick e y Ivie, Esquire Iv ie McNeill & Wyatt 4 4 4 S. Flower St., Ste. 1800 L o s Angeles, CA 90071 T e l.: 213-489-0028 F a x : 213-489-0552 e m a il: rivie@imwlaw.com and ccharlton@imwlaw.com 2. Plaintiffs' new counsel needs time to get up to speed on the case, including re v iew in g the pending motions, possibly proposing an amended complaint to the defendants a n d to the Court, and meeting and conferring with defense counsel to see what issues can be re so lv e d . PARTIES' STIPULATION AND ORDER TO CONTINUE HEARING AND STATUS CONFERENCE Page 1 1 2 3 4 5 6 7 8 3 . The assigned AUSA needs to be on travel in South Carolina the week of April 19, 2 0 1 0 . This obligation conflicts with the status conference set for April 22, 2010. S T IP U L A T IO N S : 1 . The parties jointly request that hearing on the pending motions, set for April 1, 2 0 1 0 , be CONTINUED until May 20, 2010, at 10:00 a.m. before Judge Newman. 2 . The parties jointly request that the status conference set for April 22, 2010, be C O N T IN U E D without date, to be reset by the Court at the motion hearing. D a te d : March 24, 2010 IV I E McNEILL & WYATT B y: /s/ Rickey Ivie RICKEY IVIE B E N J A M IN B. WAGNER U n ite d States Attorney B y: /s/ Colin C. Sampson COLIN C. SAMPSON T ria l Attorney, Tax Division B E N J A M IN B. WAGNER U n ite d States Attorney B y: /s/ Y H T Himel YOSHINORI H. T. HIMEL A s s is ta n t United States Attorney 9 10 11 12 13 14 D a te d : March 24, 2010 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PARTIES' STIPULATION AND ORDER TO CONTINUE HEARING AND STATUS CONFERENCE D a te d : March 25, 2010 ORDER 1. Because plaintiffs are now represented by counsel in accordance with E a ste rn District Local Rule 180, the undersigned shall, by separate order, refer this case to the U n ited States District Judge assigned to the matter. See Eastern District Local Rule 3 0 2 (c)(21 ). 2. 3. The undersigned hereby vacates the hearing set for April 1, 2010. The parties shall re-notice their respective pending motions, if at all, for an appropriate date before the United States District Judge assigned to the matter. Page 2 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 4. The status conference presently set for April 22, 2010, is vacated, su b ject to resetting by the United States District Judge assigned to the matter. It is APPROVED and SO ORDERED. D A T E D : March 26, 2010 _____________________________________ K E N D A L L J. NEWMAN U N IT E D STATES MAGISTRATE JUDGE PARTIES' STIPULATION AND ORDER TO CONTINUE HEARING AND STATUS CONFERENCE Page 3

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