Filed: May 14, 2014
Latest Update: May 14, 2014
Summary: STIPULATION TO (1) STAY DISCOVERY FOR 120 DAYS (2) WITHDRAW CLAIMANT'S MOTION TO STAY DISCOVERY, AND (3) CONTINUE SCHEDULING CONFERENCE ORDER DATES; ORDER BARBARA A. McAULIFFE, Majistrate Judge. The United States of America and claimant Jean Labanda ("Claimant"), by and through their attorneys of record, hereby stipulate to stay discovery for 120 days. The parties also stipulate that Claimant's motion to stay discovery (ECF. No. 30) is withdrawn. The parties finally stipulate and move for a co
Summary: STIPULATION TO (1) STAY DISCOVERY FOR 120 DAYS (2) WITHDRAW CLAIMANT'S MOTION TO STAY DISCOVERY, AND (3) CONTINUE SCHEDULING CONFERENCE ORDER DATES; ORDER BARBARA A. McAULIFFE, Majistrate Judge. The United States of America and claimant Jean Labanda ("Claimant"), by and through their attorneys of record, hereby stipulate to stay discovery for 120 days. The parties also stipulate that Claimant's motion to stay discovery (ECF. No. 30) is withdrawn. The parties finally stipulate and move for a con..
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STIPULATION TO (1) STAY DISCOVERY FOR 120 DAYS (2) WITHDRAW CLAIMANT'S MOTION TO STAY DISCOVERY, AND (3) CONTINUE SCHEDULING CONFERENCE ORDER DATES; ORDER
BARBARA A. McAULIFFE, Majistrate Judge.
The United States of America and claimant Jean Labanda ("Claimant"), by and through their attorneys of record, hereby stipulate to stay discovery for 120 days. The parties also stipulate that Claimant's motion to stay discovery (ECF. No. 30) is withdrawn. The parties finally stipulate and move for a continuance of the dates currently set forth in the Court's Scheduling Order (ECF No. 26).
On April 15, 2014, Claimant filed a motion to dismiss the complaint. (ECF No. 29). On April 30, 2014, Claimant filed a motion to stay discovery pending a ruling on the motion to dismiss. (ECF No. 30).
The parties jointly agree to stay discovery for 120 days (from the date of entry of this order), pending a ruling on the motion to dismiss. The parties' agreement obviates the need for a ruling on Claimant's motion to stay discovery and Claimant agrees that the motion to stay (ECF No. 30) is withdrawn. If the Court denies the motion to dismiss (ECF No. 29), the parties may commence discovery immediately. If, after the conclusion of 120 days, the motion to dismiss has not been decided, the parties will meet and confer and attempt to reach agreement on the handling of discovery.
The parties' current agreement to stay discovery for 120 days leaves the parties with insufficient time to conduct discovery given the current schedule. The parties therefore request a continuance of all dates set forth in the scheduling order, including the trial date.
The parties hereby stipulate and propose that the dates set forth in the Court's Scheduling Order (ECF No. 26) be changed to the following dates. The parties understand the Court's schedule may not allow for the exact dates requested and agree to any alternate dates proposed by the Court.
Scheduling Order Date Current Date/Deadline Proposed New Date
Non-Expert Discovery October 10, 2014 January 10, 2015
Cutoff
Expert Disclosure October 10, 2014 January 10, 2015
Supplemental Expert November 7, 2014 February 5, 2015
Disclosure
Expert Discovery Cutoff December 12, 2014 March 11, 2015
Non-Dispositive Motion January 5, 2015 May 8, 2015
Filing
Dispositive Motion Filing March 6, 2015 June 10, 2015
Pre-Trial Conference Date June 10, 2015 September 12, 2015
Jury Trial Date August 11, 2015 November 15, 2015
The parties believe that, given the pending dispositive motion, the Court's granting of such continuance would be in the best interests of the parties and judicial economy.
ORDER
The Court having considered the parties' Stipulation finds that good cause exists to GRANT the parties' stipulation. Accordingly IT IS HEREBY ORDERED that:
1. Discovery is STAYED for 120 days from the date of entry of this order;
2. Claimant's motion to stay discovery (ECF No. 30) is withdrawn and the hearing set for May 27, 2014 at 11:00 am is VACATED;
3. All dates currently set forth in the Court's Scheduling Order (ECF No. 26) shall be rescheduled to the following dates:
1. Non-Expert Discovery Cutoff: January 10, 2015
2. Expert Disclosures: January 10, 2015
3. Rebuttal Expert Disclosures: February 5, 2015
4. Expert Discovery Cutoff: March 11, 2015
5. Non-Dispositive Motion Filing: May 8, 2015
6. Dispositive Motion Filing: June 10, 2015
7. Pre-Trial Conference: September 16, 2015 at 10:00 a.m.
8. Jury Trial: November 17, 2015 at 8:30 a.m.
IT IS SO ORDERED.
