Filed: Jan. 25, 2011
Latest Update: Jan. 25, 2011
Summary: JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES [ORDER] MARILYN H. PATEL, District Judge. By Order dated October 25, 2010, this matter is currently set for a further Status Conference on January 31, 2011. The Status Conference has been previously continued by the Court in order to follow the Trial and Motions Setting Conference in the related criminal action pending before the Court. Pursuant to a stipulation entered by the parties to the crimi
Summary: JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES [ORDER] MARILYN H. PATEL, District Judge. By Order dated October 25, 2010, this matter is currently set for a further Status Conference on January 31, 2011. The Status Conference has been previously continued by the Court in order to follow the Trial and Motions Setting Conference in the related criminal action pending before the Court. Pursuant to a stipulation entered by the parties to the crimin..
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JOINT STATUS REPORT AND STIPULATED REQUEST TO CONTINUE STATUS CONFERENCE AND DISCOVERY DEADLINES
[ORDER]
MARILYN H. PATEL, District Judge.
By Order dated October 25, 2010, this matter is currently set for a further Status Conference on January 31, 2011. The Status Conference has been previously continued by the Court in order to follow the Trial and Motions Setting Conference in the related criminal action pending before the Court. Pursuant to a stipulation entered by the parties to the criminal action and on order of the Court, the Trial and Motions Setting Conference in the criminal action has now been continued to March 21, 2011. There are significant issues to be resolved in the criminal action, including the determination of the competency to enter a guilty plea by a defendant in the criminal action who is also a defendant in this civil action. Accordingly, the parties to this civil action request that the Court continue certain discovery deadlines by about 60 days and reschedule the further Status Conference in this case to March 28, 2011.
A. STATUS OF THE CASE
Three of the defendants in this civil action are also defendants in a related criminal case, United States v. Maher Fayez Kara, et al., No. CR 09-0417 MHP. The criminal indictment contains factual allegations also alleged in the Commission's civil action. The Court has set the criminal Trial and Motions Setting Conference for March 21, 2011. The Court has not set a trial date for either the related criminal case or this civil action.
Discovery is underway in the civil case, and the Commission has produced documents obtained during its investigation, pursuant to initial disclosure obligations and defendants' document requests, and defendants have responded to the document requests served by the Commission. The parties have conducted two third-party depositions, and have agreed to reschedule others in order to attempt to resolve the claims in the civil case.
B. Stipulation to Continue Status Conference and Discovery
The parties agree that the status conference and other discovery dates should be continued by about 60 days, and that discovery should be stayed until a further status conference. This stay in the discovery in this action will permit the parties to the criminal case to try to resolve the case, and permit the parties to discuss resolution of the civil claims.
The parties stipulate to continuing the following dates, by 98 days:
Event or deadline Current Date Proposed Continued Date
Further Status Conference January 31, 2011 March 28, 2011
Disclosure of witnesses, case April 18, 2011 June 17, 2011
in chief
Discovery cut-off May 16, 2011 July 15, 2011
Plaintiff's expert designation June 13, 2011 August 19, 2011
and reports
Defendants' expert June 29, 2011 August 31, 2011
designation and reports
Plaintiff's rebuttal expert July 15, 2011 September 16, 2011
designation and reports
Defendants' rebuttal expert July 22, 2011 October 5, 2011
designation and reports
Dispositive motions to be September 12, 2011 November 14, 2011
heard
GENERAL ORDER 45 ATTESTATION
In accordance with General Order 45, each of the signatories to this documents have concurred in its filing, and I shall maintain records to support these concurrences.
ORDER
The Court has considered the materials and papers submitted by counsel in this matter and for good cause shown, IT IS HEREBY ORDERED as follows:
The Status Conference previously set for January 21, 2011, is vacated and rescheduled for March 28, 2011, at 3:00 p.m., with a joint status report to be filed one week prior to the conference.
Discovery in this case shall be stayed until the Status Conference on March 28, 2011.
The following discovery deadlines previously set by the Court are continued to the following dates:
Further Status Conference March 28, 2011
Disclosure of witnesses, case in chief June 17, 2011
Discovery cut-off July 15, 2011
Plaintiff's expert designation and reports August 19, 2011
Defendants' expert designation and reports August 31, 2011
Plaintiff's rebuttal expert designation and reports September 16, 2011
Defendants' rebuttal expert designation and reports October 5, 2011
Dispositive motions to be heard November 14, 2011
IT IS SO ORDERED.
