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United States of America v. Approximately

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 28, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
APPROXIMATELY $77,000.00 IN U.S. CURRENCY, DEFENDANT.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

FIRST AMENDED STIPULATION TO CONTINUE FRCP RULE 16(b) SCHEDULING ORDER DISCOVERY DATES AND ORDER IT IS HEREBY STIPULATED by and between the United States of America, claimant Felix Velasco, and his counsel of record, as follows:

On April 25, 2012, the parties to this matter submitted their Joint Scheduling Report setting forth the various discovery, disclosure, and dispositive motion dates, as required pursuant to FRCP Rule 16(b);

The parties now jointly agree that to facilitate and complete full discovery and disclosure of said discovery, the discovery and disclosure dates currently set forth in the Joint Scheduling Report and the Court's Scheduling Order issued pursuant thereto should be extended approximately thirty (30) days;

That extension of the discovery dates will not affect the trial or pre-trial motion dates set forth in the Scheduling Order; The parties hereby stipulate that the dates set forth in the parties' Joint Scheduling Stipulation to Continue FRCP Rule 16(b) Scheduling Order Discovery Dates and Order Report and in the Court's May 3, 2012 Scheduling Order (Doc. 42) should be changed to the following dates:

Discovery Event Current Date/Deadline Proposed New Date Non-Expert Discovery February 20, 2013 March 22, 2013 Expert Disclosure March 6, 2013 April 5, 2013 Supplemental Expert Disclosure March 20, 2013 April 19, 2013 Expert Discovery April 5, 2013 May 13, 2013

In the alternative, if it is the Court's preference that the parties stipulate to continue all dates within the Scheduling Order an additional 30 days, a further amended stipulation shall be filed.

Respectfully submitted,

DATED: January 25, 2013 BENJAMIN B. WAGNER United States Attorney /s/ Heather Mardel Jones HEATHER MARDEL JONES Assistant United States Attorney DATED: January 25, 2013 /s/ Edward M. Burch EDWARD M. BURCH Attorney for Claimant Felix Velasco (Original signature retained by attorney)

ORDER

All discovery dates currently set forth in the Court's May 3, 2012 Scheduling Order (Doc. 42) shall be rescheduled to those dates stipulated to by the parties, as set forth above. Additionally, the parties are advised that the deadline for filing of non-dispositive motions is extended until May 20, 2013, to accommodate for the expert discovery deadline. All other deadlines for filing dispositive motions, the pretrial conference and the trial remain as set forth in the scheduling order issued on May 3, 2012. (Doc. 42). All other orders in the scheduling order remain in full force and effect.

IT IS SO ORDERED.

20130128

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