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Audrey Ruf Individually and As v. the United States of America

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 14, 2011

AUDREY RUF INDIVIDUALLY AND AS
SUCCESSOR IN INTEREST TO THE ESTATE OF DANIEL ROBERT RUF, PLAINTIFF,
v.
THE UNITED STATES OF AMERICA DEFENDANT.

The opinion of the court was delivered by: John A. Mendez United States District Judge

APPLICATION AND ORDER TO MODIFY PRETRIAL SCHEDULING

ORDER

Plaintiff AUDREY RUF and Defendant The UNITED STATES OF AMERICA, of the above-entitled action, hereby agree to and respectfully request the below modifications and/or amendments to this Court's August 24, 2010 Amended Status (Pretrial Scheduling) Order. Docket Entry ("DE")11.

The parties contend there is good cause for this request for the following reasons:

1.A number of the witnesses which Plaintiff wants to depose are currently serving in the United States Marine Corp. Since the events in question, some of the witnesses have been transferred to various locations in and outside of the continental United States including Florida, Rhode Island and Hawaii. Locating and setting up the logistics for deposing these witnesses has proven difficult.

2.Additionally, one witness was deployed to Afghanistan in September 2010 and his return is potentially September or October 2011.

3.The parties request additional time in which to complete the depositions of these witnesses.

4.The parties have not previously requested a continuance of any dates in this matter.

5.The request for continuance is made in good faith and not for delay.

6.The parties agree to and submit the following proposed modifications to the scheduling order:

a. That the discovery deadline be moved from July 22, 2011 to October 31, 2011;

b. That the deadline for filing dispositive motions be moved from September 7, 2011 to January 25, 2012;

c. That the hearing for dispositive motions be moved from October 5, 2011 to February 22, 2012 at 9:30 a.m.;

d. That the Pretrial Conference be moved from January 13, 2012 to May 18, 2012 at 10:00 a.m.;

e. That the trial be moved from March 5, 2012 to July 23, 2012 at 9:00 a.m.Respectfully submitted,

By: Connor M. Kelly Attorneys for Plaintiff AUDREY RUF Date: June 14, 2011 BENJAMIN B. WAGNER UNITED STATES ATTORNEY By: Jason Ehrlinspiel Assistant United States Attorney Attorneys for THE UNITED STATES OF AMERICA IT IS SO ORDERED.

DATED: June 14, 2011

20110614

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