IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 21, 2011
ROSLYN G. MCCOY,
HONORABLE JOHN M. MCHUGH,
BENJAMIN B. WAGNER United States Attorney TODD A. PICKLES Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2700 Main (916) 554-2900 Facsimile Attorneys for the Secretary of the Army
STIPULATION TO CONTINUE DATE FOR HEARINGS ON MOTION IN LIMINE AND PLAINTIFF'S MOTION FOR RECONSIDERATION TO DECEMBER 19,2011, AND TO MAINTAIN ALL OTHER DATES, INCLUDING TRIAL DATE;
Plaintiff Roslyn McCoy, and Defendant John M. McHugh, Secretary of the Army ("Secretary"), through their respective counsel, hereby respectfully submit the following stipulation and request to modify the pretrial schedule.
1 By Order signed October 7, 2011, this Court set the hearing on any motions in limine and for Plaintiff's Motion for Reconsideration of the Court's Order Granting In Part the Secretary's Motion for Summary Judgment for December 5, 2011 at 10:00 a.m.. The dates for filing the motions in limine are based on the hearing date of December 5, 2011. The Court also set a trial date of March 20, 2012, and a settlement conference before Magistrate Judge Dale A. Drozd for January 12, 2012.
2. Subsequent to the setting of these dates, on October 17, 2011, the Ninth Circuit Court of Appeals set oral argument in the case of United States v. Tubbs, No. 09-10149, for December 5, 2011 at 9:00 .a.m., in San Francisco, California. The undersigned counsel for the Secretary is also counsel for the United States in Tubbs, authored the answering brief, and will be presenting argument.
3. Accordingly, counsel for the Secretary currently has an unforeseen scheduling conflict for December 5, 2011. To accommodate this conflict, Plaintiff's counsel have graciously agreed to jointly request the Court continue the hearing date in this case to December 19, 2011, which is the next available law and motion date on the Court's calendar. The parties do not wish to change the trial date or any other dates, and do not believe moving the hearing date will affect any further dates set by the Court.
STIPULATION AND REQUEST
Based on the foregoing, the parties hereby stipulate and request the following:
1. The hearing on any motions in limine as well as on Plaintiff's Motion for Reconsideration [DE 91], set for December 5, 2011 at 10:00 a.m., be continued to December 19, 2011, at 10:00 a.m., and the dates for the submission of the parties' motions in limine be continued consistent with that date.
2. All other dates shall remain as set by the Court's October 7 Order. IT IS SO STIPULATED.
This matter came before the Court on the parties' Stipulation To Continue The Hearing On Motions in limine and Plaintiff's Motion for Reconsideration to December 19, 2011, And To Maintain All Other Dates. For the reasons stated in the Stipulation and for good cause showing under Rule 16 of the Federal Rules of Civil Procedure, the Court ADOPTS the Stipulation and GRANTS the relief requested therein.
IT IS HEREBY ORDERED THAT
1. The hearing on any motions in limine as well as on Plaintiff's Motion for Reconsideration [DE 91] IS CONTINUED TO December 19, 2011, at 10:00 a.m., with the dates for the submission of the parties' motions in limine based on a hearing on December 19, 2011.
2. All other dates shall remain as set by the Court's October 7 Order.
IT IS SO ORDERED.
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