UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 9, 2012
AUDREY RUF INDIVIDUALLY AND SUCCESSOR IN INTEREST TO THE ESTATE OF DANIEL ROBERT RUF,
THE UNITED STATES OF AMERICA DEFENDANT.
The opinion of the court was delivered by: John A. Mendez United States District Judge
BENJAMIN B. WAGNER United States Attorney JASON EHRLINSPIEL Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 (916) 554-2743 Direct (916) 554-2900 Facsimile Attorneys for the United States
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 Amended Status (Pretrial Scheduling) Order. Docket Entry ("DE") 20.
The parties contend there is good cause for this request for the following reasons:
1.The parties desire to conduct a Court Settlement Conference before the Magistrate Judge prior to preparation and filing of dispostive motions. The Magistrate Judge's first available date is after the current deadline for filing dispostive motions. The parties submit that conducting the conference prior to the preparation and filing of dispositive motions will put the case in the best posture for potential settlement.
2.Additionally, counsel for the United States recently learned that he will be out of the office for an extended period of time during January and potentially February and will be unable to work during the absence.
3.The request for continuance is made in good faith and not for delay.
4.The parties agree to and submit the following proposed modifications to the scheduling order:
a. That the deadline for filing dispositive motions be moved from January 25, 2012 to March 21, 2012;
b. That the hearing for dispositive motions be moved from February 22, 2012 to April 18, 2012 at 9:30 a.m.;
c. That the Pretrial Conference be moved from May 18, 2012 to August 3, 2012 at 10:00 a.m.;
d. That the trial be moved from July 23, 2012 to September 24, 2012 at 9:00 a.m.
IT IS SO ORDERED.
John A. Mendez
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