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Sandres v. Corrections Corp. of America

September 15, 2010

TERRY SANDRES, AN INDIVIDUAL, PLAINTIFF,
v.
CORRECTIONS CORPORATION OF AMERICA, A MARYLAND CORPORATION; AND DOES 1 THROUGH 50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

Assigned to: Hon. Oliver W. Wanger/Room 3

STIPULATION AND ORDER FOR A TELEPHONIC CONFERENCE WITH THE COURT TO CONTINUE TRIAL AND RELATED DATES

District Judge: Oliver W. Wanger

Magistrate Judge: Jennifer L. Thurston

Action filed: July 24, 2009

Trial Date: May 24, 2011

THE PARTIES TO THE ABOVE-CAPTIONED MATTER, by and through their respective attorneys of record, hereby enter into this stipulation to continue trial and all related dates, based on the following:

WHEREAS, the Court issued a Scheduling Conference Order on February 3, 2010; WHEREAS, thereafter the parties commenced discovery and the scheduling of depositions; WHEREAS, Plaintiff had his first day of deposition taken June 2, 2010 during which Plaintiff testified that he had previously filed for bankruptcy on December 5, 2008;

WHEREAS, Defendants take the position that Plaintiff's claims in the instant lawsuit belong to the bankruptcy estate because his claims arose prior to the filing of his bankruptcy petition and Defendants contend that Plaintiff did not disclose his claims on his schedules in Bankruptcy Court with sufficient specificity;

WHEREAS, Defendants also take the position that Plaintiff does not have standing to proceed in this case since the United States Trustee is the real party in interest in this matter;

WHEREAS, it is Defendants' position that the parties cannot proceed with discovery until the bankruptcy issue is resolved;

WHEREAS, on June 2, 2010, Defendants advised the United States Trustee assigned to administer Plaintiff's bankruptcy estate of the existence of this case to give the Trustee the opportunity to re-open Plaintiff's bankruptcy file;

WHEREAS, the United States Trustee, through his Trustee Administrator, has informed Defendants' counsel that they do not intend to take action on Plaintiff's claims;

WHEREAS, it is Defendants' position that there is no order from the Bankruptcy court that the United States Trustee has ...


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