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Ferrari v. Salazar

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 24, 2009

MATTHEW FERRARI, PLAINTIFF,
v.
KEN SALAZAR, SECRETARY, UNITED STATES DEPARTMENT OF THE INTERIOR, DEFENDANT.

ORDER BIFURCATING AND STAYING DISCOVERY ON THE MERITS OF THE CASE PENDING A RULING ON A PROCEDURAL MOTION

Pursuant to the stipulation of the parties filed herein on July 24, 2009, it is ordered that

1. Discovery as to the merits of plaintiff's case shall be bifurcated and stayed pending the Court's ruling on defendant's motion to dismiss on procedural grounds. Discovery will continue as to the equitable tolling issue raised in plaintiff's amended complaint.

2. Defendant will make a good faith effort to submit its motion to the court no later than September 30, 2009.

IT IS SO ORDERED.

20090724

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