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United States of America, Ex. Rel v. Aqua Flora

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 4, 2011

UNITED STATES OF AMERICA, EX. REL., ZACHARY HALLSTROM PLAINTIFF,
v.
AQUA FLORA, INC.; KING BIO, INC., DEFENDANTS.

Trial Date: November 1, 2011 Complaint Filed: June 11, 2010

JOINT MOTION TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER RE DATE TO COMPLETE DISCOVERY

NOW COMES Plaintiff ZACHARY HALLSTROM (hereinafter "Plaintiff") and Defendants AQUA FLORA, INC., and KING BIO, INC., (hereinafter "Defendants"), by and through their respective counsel, and hereby respectfully move this court for leave to modify the Court's Status (Pretrial Scheduling) Order dated November 17, 2010, specifically the date to complete discovery. In support of this joint motion, Plaintiff and Defendants state as follows:

1. On or about June 11, 2010, Plaintiff filed this Qui Tam action pursuant to 35 U.S.C. § 292(b).

2. The Court issued its Status (Pretrial Scheduling) Order November 17, 2010.

3. Pursuant to the Status (Pretrial Scheduling) Order, the parties are to complete discovery by February 9, 2011.

4. The parties have not completed discovery. Discovery is ongoing. The parties do not expect to be able to complete discovery by February 9, 2011.

5. The parties have discussed the continued discovery and have agreed to extend the date to complete discovery to March 25, 2011, subject to this Court's approval.

6. This modification should not have an impact on any other deadlines in this case, and neither party will be prejudiced by this extension.

WHEREBY, based on the foregoing reasons, Plaintiff and Defendants respectfully request that the Court modify its Status (Pretrial Scheduling) Order dated November 17, 2010, allowing the parties to extend the date to complete discovery to March 25, 2011.

Respectfully submitted,

Dated: January 27, 2011 NEWPORT TRIAL GROUP

Ryan M. Ferrell Attorneys for Plaintiff

Dated: January 27, 2011 LAW OFFICES OF CARLOS F. NEGRETE

Carlos F. Negrete Attorney for Defendants

NEWPORT TRIAL GROUP

A Professional Corporation Scott J. Ferrell, Bar No. 202091 Ryan M. Ferrell, Bar No. 258037 610 Newport Center Drive, Suite 700 Newport Beach, CA 92660 Tel: (949) 706-6464 Fax: (949) 706-6469 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Ex. Case No. 2:10-CV-01459-KJM-EFB Rel., ZACHARY HALLSTROM ORDER RE JOINT STIPULATION Plaintiff, TO EXTEND DISCOVERY v.Complaint Filed: June 11, 2010 AQUA FLORA, INC.; KING BIO, INC., Trial Date: November 1, 2011 Defendants.

This Court having considered the Joint Stipulation to Extend Discovery in the above-captioned matter, it is hereby,

ORDERED that all discovery shall be completed by March 25, 2011. All other dates remain as previously set.

20110204

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