The opinion of the court was delivered by: John A. Mendez United States District Court Judge
STIPULATION TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER; ORDER
Plaintiff United States of America and claimants Shirley Lacey and Barbara Howell respectfully request that Status (Pretrial Scheduling) Order entered in this case on August 13, 2009, be modified for the reasons set forth below:
1. Claimant Shirley Lacey is currently incarcerated at the California Institution for Women in Corona, California, in Riverside County. Her tentative release date is July 14, 2010. Lacey was convicted in Butte County on drug charges that led to the filing of the above-captioned civil forfeiture case.
2. On December 2, 2009, plaintiff disclosed its expert witness and report pursuant to the scheduling order. On December 3, 2009, plaintiff served interrogatories and requests for production of documents on claimants. However, due to Lacey's incarceration in a remote location in Southern California it has been difficult for her counsel to consult with her to prepare responses.
3. Plaintiff has not yet scheduled claimants' depositions because government counsel has not yet received the discovery responses.
4. The parties are in agreement that attempting to complete discovery while Lacey is incarcerated will be unduly burdensome to all parties, and would be unduly expensive if the parties have to travel to San Bernadino County for a deposition.
5. Accordingly, the parties respectfully request that the scheduling order be modified as shown below:
EVENT CURRENT DATE NEW DATE Discovery cutoff April 15, 2010 October 15, 2010 File dispositive May 19, 2010 November 19, 2010 motions Hearing on June 16, 2010 January 12, 2011 at dispositive motions 9:30 a.m.
File mid-litigation April 1, 2010 October 1, 2010 statements Final Pretrial August 6, 2010 March 18, 2011 at conference 3:00 P.M. Trial September 20, 2010 April 25, 2011 at 9:00 a.m.
BENJAMIN B. WAGNER United ...