Ruf v. USA et al

Filing 20

ORDER signed by Judge John A. Mendez on 6/14/11 ORDERING that the Pretrial Scheduling Order 11 is Modified as follows: The Discovery deadline is moved from 7/22/11 to 10/31/2011. The deadline for filing Dispositive Motions is moved from 9/7/11 to 1/25/2012. The hearing for dispositive Motions is moved from 10/5/11 to 2/22/12 at 9:30 a.m. The Pretrial Conference is moved from 1/13/12 to 5/18/2012 at 10:00 a.m. The Trial is moved from 3/5/12 to 7/23/2012 at 09:00 AM. (Mena-Sanchez, L)

Download PDF
1 2 3 4 5 6 BENJAMIN B. WAGNER United States Attorney JASON EHRLINSPIEL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2743 Direct (916) 554-2900 Facsimile Attorneys for the United States 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 Case No.: 2:10-cv-00923 JAM-KJN AUDREY RUF Individually and as Successor In Interest to THE ESTATE OF DANIEL ROBERT RUF, APPLICATION AND ORDER TO MODIFY PRETRIAL SCHEDULING ORDER Plaintiff, 13 14 v. 15 THE UNITED STATES OF AMERICA 16 Defendant. 17 18 Plaintiff AUDREY RUF and Defendant The UNITED STATES OF AMERICA, of 19 the above-entitled action, hereby agree to and respectfully request the below 20 modifications and/or amendments to this Court’s August 24, 2010 Amended Status 21 (Pretrial Scheduling) Order. Docket Entry (“DE”) 11. 22 The parties contend there is good cause for this request for the following reasons: 23 1. A number of the witnesses which Plaintiff wants to depose are currently 24 serving in the United States Marine Corp. Since the events in question, some 25 of the witnesses have been transferred to various locations in and outside of the 26 continential United States including Florida, Rhode Island and Hawaii. 27 Locating and setting up the logistics for deposing these witnesses has proven 28 difficult. ______________________________________________________________________________________________________________________________________________________________________________________________________________________ Application and [Proposed} Order 1 PDF created with pdfFactory trial version www.pdffactory.com 1 2 3 4 5 6 2. Additionally, one witness was deployed to Afghanistan in September 2010 and his return is potentially September or October 2011. 3. The parties request additional time in which to complete the depositions of these witnesses. 4. The parties have not previously requested a continuance of any dates in this matter. 7 5. The request for continuance is made in good faith and not for delay. 8 6. The parties agree to and submit the following proposed modifications to the 9 10 scheduling order: a. That the discovery deadline be moved from July 22, 2011 to October 31, 11 12 2011; b. That the deadline for filing dispositive motions be moved from 13 14 September 7, 2011 to January 25, 2012; c. That the hearing for dispositive motions be moved from October 5, 2011 15 16 to February 22, 2012 at 9:30 a.m.; d. That the Pretrial Conference be moved from January 13, 2012 to May 18, 17 18 2012 at 10:00 a.m.; e. That the trial be moved from March 5, 2012 to July 23, 2012 at 9:00 a.m. 19 20 Respectfully submitted, 21 22 Date: June 14, 2011 23 /s/ Connor M. Kelly By: Connor M. Kelly Attorneys for Plaintiff AUDREY RUF 24 25 26 27 Date: June 14, 2011 BENJAMIN B. WAGNER UNITED STATES ATTORNEY 28 ______________________________________________________________________________________________________________________________________________________________________________________________________________________ Application and [Proposed} Order 2 PDF created with pdfFactory trial version www.pdffactory.com 1 /s/ Jason Ehrlinspiel By: Jason Ehrlinspiel Assistant United States Attorney 2 3 Attorneys for THE UNITED STATES OF AMERICA 4 5 6 7 IT IS SO ORDERED. 8 DATED: June 14, 2011 9 10 /s/ John A. Mendez__________________ JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________________________________________________________________________________________________________________________________________________________________________________________________________ Application and [Proposed} Order 3 PDF created with pdfFactory trial version www.pdffactory.com

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?