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GROGAN v. BEALE AERO CLUB, 2:15-CV-00562-GEB-KJN. (2015)

Court: District Court, E.D. California Number: infdco20150602a74 Visitors: 13
Filed: May 29, 2015
Latest Update: May 29, 2015
Summary: STIPULATION and [PROPOSED] ORDER TO CONTINUE INITIAL SCHEDULING CONFERENCE AND FILING OF JOINT STATUS REPORT GARLAND E. BURRELL, Jr. , Senior District Judge . This is a personal injury action against the United States pursuant to the Federal Tort Claims Act ("FTCA") and John Henry, an individual Defendant who has not appeared in this action. The action was initiated in state court on January 14, 2015. The United States removed the action to this Court on March 12, 2015. The Court issued an
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STIPULATION and [PROPOSED] ORDER TO CONTINUE INITIAL SCHEDULING CONFERENCE AND FILING OF JOINT STATUS REPORT

This is a personal injury action against the United States pursuant to the Federal Tort Claims Act ("FTCA") and John Henry, an individual Defendant who has not appeared in this action. The action was initiated in state court on January 14, 2015. The United States removed the action to this Court on March 12, 2015. The Court issued an Order Setting Status (Pretrial Scheduling) Conference the same day. In that Order, the Court set a pretrial scheduling conference for June 22, 2015. The Order also requires the parties to confer and develop a proposed discovery plan by June 1, 2015 and submit a Joint Status Report by June 8, 2015. The United States has filed a Motion to Dismiss arguing that the Court lacks jurisdiction over the FTCA component of the case because Plaintiff did not exhaust administrative remedies before filing suit. The motion is now fully briefed and was submitted without argument pursuant to the Court's May 5, 2015 minute order.

Given the dispositive nature of the motion with respect to the United States, the parties agree that it would be more efficient for the Court to resolve the Motion to Dismiss before setting a schedule or engaging in other proceedings, and that the initial scheduling conference and development and filing of the Joint Status Report should be continued until after such resolution. Therefore, the undersigned parties stipulate to continue the initial scheduling conference to a date approximately 21 days after the Motion to Dismiss is resolved, with the Joint Status Report due fourteen days before the new date of the initial scheduling conference.

DATED: May 29, 2015 /s/ Kristoffer S. Mayfield (authorized on 5/29/2015) Anthony S. Petru, Esq., State Bar No. 91399 Kristoffer S. Mayfield, Esq., State Bar No. 241093 Bradley W. Wahrlich, Esq., State Bar No. 261762 HILDEBRAND, McLEOD & NELSON, LLP Westlake Building 350 Frank H. Ogawa Plaza, Fourth Floor Oakland, CA 94612-2006 Phone: (800) 447-7500 Fax: (510) 465-7023 warlich@hmnlaw.com

The pretrial scheduling conference is rescheduled for August 3, 2015, at 9:00 a.m. A joint status report shall be filed fourteen days prior to the hearing.

IT IS SO ORDERED.

Source:  Leagle

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