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Council for Education v. U.S. Dep't of Education

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


March 26, 2010

THE COUNCIL FOR EDUCATION, A NONPROFIT CORPORATION, AND HAROLD HUGGINS, PLAINTIFFS,
v.
U.S. DEPARTMENT OF EDUCATION AND INTERNAL REVENUE SERVICES [SIC], DEFENDANTS.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

PARTIES' STIPULATION AND ORDER TO CONTINUE HEARING AND STATUS CONFERENCE Date: April 1, 2010 Time: 10:00 a.m. Ctrm: 25 (KJN)

The parties hereby recite and stipulate, subject to the approval of the Magistrate Judge as provided for hereon, as follows.

RECITALS:

1. Plaintiffs have new counsel of record: Rickey Ivie, Esquire Ivie McNeill & Wyatt 444 S. Flower St., Ste. 1800 Los Angeles, CA 90071 Tel.: 213-489-0028 Fax: 213-489-0552 email: rivie@imwlaw.com and ccharlton@imwlaw.com

2. Plaintiffs' new counsel needs time to get up to speed on the case, including reviewing the pending motions, possibly proposing an amended complaint to the defendants and to the Court, and meeting and conferring with defense counsel to see what issues can be resolved.

3. The assigned AUSA needs to be on travel in South Carolina the week of April 19, 2010. This obligation conflicts with the status conference set for April 22, 2010.

STIPULATIONS

1. The parties jointly request that hearing on the pending motions, set for April 1, 2010, be CONTINUED until May 20, 2010, at 10:00 a.m. before Judge Newman.

2. The parties jointly request that the status conference set for April 22, 2010, be CONTINUED without date, to be reset by the Court at the motion hearing.

Dated: March 24, 2010 IVIE McNEILL & WYATT RICKEY IVIE

Dated: March 25, 2010 BENJAMIN B. WAGNER United States Attorney COLIN C. SAMPSON Trial Attorney, Tax Division

Dated: March 24, 2010 BENJAMIN B. WAGNER United States Attorney YOSHINORI H. T. HIMEL Assistant United States Attorney

ORDER

1. Because plaintiffs are now represented by counsel in accordance with Eastern District Local Rule 180, the undersigned shall, by separate order, refer this case to the United States District Judge assigned to the matter. See Eastern District Local Rule 302(c)(21).

2. The undersigned hereby vacates the hearing set for April 1, 2010.

3. The parties shall re-notice their respective pending motions, if at all, for an appropriate date before the United States District Judge assigned to the matter.

4. The status conference presently set for April 22, 2010, is vacated, subject to resetting by the United States District Judge assigned to the matter.

It is APPROVED and SO ORDERED.

20100326

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