Filed: Oct. 09, 2013
Latest Update: Oct. 09, 2013
Summary: ORDER REGARDING JOINT STIPULATION TO CONTINUE SCHEDULING ORDER GARY S. AUSTIN, Magistrate Judge. The United States and Claimant Elisa Sanchez, as Successor Trustee of the Jose Iraizoz Family Trust, by and through their attorneys of record, hereby move for a continuance of the discovery and disclosure dates currently set forth in the Court's Scheduling Order. (ECF No. 17). The parties jointly agree that to facilitate and complete full discovery and disclosure of said discovery, the discovery a
Summary: ORDER REGARDING JOINT STIPULATION TO CONTINUE SCHEDULING ORDER GARY S. AUSTIN, Magistrate Judge. The United States and Claimant Elisa Sanchez, as Successor Trustee of the Jose Iraizoz Family Trust, by and through their attorneys of record, hereby move for a continuance of the discovery and disclosure dates currently set forth in the Court's Scheduling Order. (ECF No. 17). The parties jointly agree that to facilitate and complete full discovery and disclosure of said discovery, the discovery an..
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ORDER REGARDING JOINT STIPULATION TO CONTINUE SCHEDULING ORDER
GARY S. AUSTIN, Magistrate Judge.
The United States and Claimant Elisa Sanchez, as Successor Trustee of the Jose Iraizoz Family Trust, by and through their attorneys of record, hereby move for a continuance of the discovery and disclosure dates currently set forth in the Court's Scheduling Order. (ECF No. 17).
The parties jointly agree that to facilitate and complete full discovery and disclosure of said discovery, the discovery and disclosure dates currently set forth in the Joint Scheduling Report and the Court's Scheduling Order issued pursuant thereto should be extended approximately five (5) months;
Additionally, on September 30, 2013, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The Department does not know when funding will be restored by Congress. Absent an appropriation, Department of Justice attorneys and employees are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. § 1342. That exception is not deemed to include most civil cases. Indeed, the Assistant U.S. Attorney assigned to this matter, AUSA Jeffrey A. Spivak, is furloughed until appropriations to the Justice Department are restored. Moreover, due to the lapse of appropriations, funding is unavailable for the necessary depositions and other necessary avenues of discovery.
The parties hereby stipulate and propose that the dates set forth in the Court's Scheduling Order (ECF No. 17) should be changed to the following dates:
Scheduling Order Date Current Date/Deadline Proposed New Date
Non-Expert Discovery Cutoff October 8, 2013 February 7, 2014
Expert Disclosure November 26, 2013 March 7, 2014
Supplemental Expert Disclosure December 10, 2013 March 21, 2014
Expert Discovery Cutoff January 7, 2014 April 11, 2014
Non-Dispositive Motion Filing March 7, 2014 May 8, 2014
Dispositive Motion Filing May 8, 2014 June 19, 2014
Pre-Trial Conference Date July 11, 2014 August 1, 2014
Court Trial Date September 9, 2014 No change
ORDER
The new deadlines outlined in the above stipulation are adopted except the pretrial and trial dates are modified accordingly. The pretrial conference will be held on August 15, 2014 at 11:00 a.m. The trial will be held on October 28, 2014 at 9:00 a.m. All other orders contained in this Court's scheduling order issued on February 6, 2013, remain in full force and effect. (Doc. 17).
IT IS SO ORDERED.
