Ruf v. USA et al
Filing
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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)
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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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,
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v.
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THE UNITED STATES OF AMERICA
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Defendant.
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Plaintiff AUDREY RUF and Defendant The UNITED STATES OF AMERICA, of
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the above-entitled action, hereby agree to and respectfully request the below
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modifications and/or amendments to this Court’s August 24, 2010 Amended Status
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(Pretrial Scheduling) Order. Docket Entry (“DE”) 11.
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The parties contend there is good cause for this request for the following reasons:
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1. A number of the witnesses which Plaintiff wants to depose are currently
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serving in the United States Marine Corp. Since the events in question, some
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of the witnesses have been transferred to various locations in and outside of the
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continential United States including Florida, Rhode Island and Hawaii.
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Locating and setting up the logistics for deposing these witnesses has proven
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difficult.
______________________________________________________________________________________________________________________________________________________________________________________________________________________
Application and [Proposed} Order
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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.
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5. The request for continuance is made in good faith and not for delay.
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6. The parties agree to and submit the following proposed modifications to the
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scheduling order:
a. That the discovery deadline be moved from July 22, 2011 to October 31,
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2011;
b. That the deadline for filing dispositive motions be moved from
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September 7, 2011 to January 25, 2012;
c. That the hearing for dispositive motions be moved from October 5, 2011
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to February 22, 2012 at 9:30 a.m.;
d. That the Pretrial Conference be moved from January 13, 2012 to May 18,
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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.
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Respectfully submitted,
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Date: June 14, 2011
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/s/ Connor M. Kelly
By: Connor M. Kelly
Attorneys for Plaintiff AUDREY RUF
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Date: June 14, 2011
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
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______________________________________________________________________________________________________________________________________________________________________________________________________________________
Application and [Proposed} Order
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/s/ Jason Ehrlinspiel
By: Jason Ehrlinspiel
Assistant United States Attorney
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Attorneys for THE UNITED STATES
OF AMERICA
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IT IS SO ORDERED.
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DATED: June 14, 2011
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/s/ John A. Mendez__________________
JOHN A. MENDEZ
UNITED STATES DISTRICT JUDGE
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______________________________________________________________________________________________________________________________________________________________________________________________________________________
Application and [Proposed} Order
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