Filed: Jul. 18, 2018
Latest Update: Jul. 18, 2018
Summary: JOINT STIPULATION TO CONTINUE TRIAL JOHN A. MENDEZ , District Judge . Plaintiff, the United States, and defendants, Estate of Joseph Arleo and Anthony Pesola, Administrator (collectively "the Estate"), pursuant to Fed. R. Civ. P. 16(b)(4) and L.R. 143 and 144, hereby stipulate to and seeks consent from this Court to continue the trial date currently scheduled to begin July 18, 2018. The attorneys for the parties have reached an agreement in principle for a settlement of this matter. The Co
Summary: JOINT STIPULATION TO CONTINUE TRIAL JOHN A. MENDEZ , District Judge . Plaintiff, the United States, and defendants, Estate of Joseph Arleo and Anthony Pesola, Administrator (collectively "the Estate"), pursuant to Fed. R. Civ. P. 16(b)(4) and L.R. 143 and 144, hereby stipulate to and seeks consent from this Court to continue the trial date currently scheduled to begin July 18, 2018. The attorneys for the parties have reached an agreement in principle for a settlement of this matter. The Cou..
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JOINT STIPULATION TO CONTINUE TRIAL
JOHN A. MENDEZ, District Judge.
Plaintiff, the United States, and defendants, Estate of Joseph Arleo and Anthony Pesola, Administrator (collectively "the Estate"), pursuant to Fed. R. Civ. P. 16(b)(4) and L.R. 143 and 144, hereby stipulate to and seeks consent from this Court to continue the trial date currently scheduled to begin July 18, 2018. The attorneys for the parties have reached an agreement in principle for a settlement of this matter.
The Court notified the parties on July 13, 2018 that it would continue the start of trial from July 16 to July 18, 2018. The parties request additional time to fully effective their settlement and, in the unlikely event trial were necessary, to re-schedule the travel of both counsel and out of district witnesses.
It is government counsel's understanding that the terms discussed by the parties will be authorized by personnel with full settlement authority. The settlement does, however, involve not only matters within the authority of the Department of Justice (those at issue in this suit), but also matters the settlement of which are currently within the purview of the Internal Revenue Service. Thus, defendants are in the process of effecting settlement of the inter-connected non-suit liabilities directly with the IRS. Government counsel understands that the IRS is also in agreement as to the terms of the proposed settlement. In order to effectuate the settlement, the parties require additional time and request 30 days from entry of an order continuing the trial to file a notice of final settlement and any other attendant papers, including any stipulated judgment.
[PROPOSED] ORDER
FOR GOOD CAUSE SHOWN, and pursuant to the Stipulation of the parties, the trial date in this matter is continued until August 20, 2018 in anticipation that the parties will submit documents on or before that date that will effectuate the settlement in principle that they have reached and will fully resolve this case. The July 18, 2018 trial date is vacated.
IT IS SO ORDERED.
