June 17, 2013
UNITED STATES OF AMERICA, Plaintiff,
APPROXIMATELY $16, 755.00 IN U.S. CURRENCY, Defendant.
BENJAMIN B. WAGNER, United States Attorney, HEATHER MARDEL JONES, Assistant United States Attorney, Fresno, California, Attorneys for United States.
ROBERT L. FORKNER, Attorney for Claimant, James Bastin.
STIPULATION AND ORDER TO CONTINUE SCHEDULING ORDER
STANLEY A. BOONE, Magistrate Judge.
IT IS HEREBY STIPULATED by and between the United States of America and Claimant James Bastin, by and through their undersigned attorneys as follows:
1. On September 6, 2012, the parties in 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);
2. The United States has recently been notified that the state criminal case, Stanislaus Superior Court case number 1439719 against James Bastin and Sarah Bastin, which related to transactions or events forming the basis for this civil forfeiture action, has been resolved with the convictions of both James Bastin and Sarah Bastin. Further, the United States has been advised that James Bastin and Sarah Bastin have been remanded to custody at the Stanislaus County Jail to serve their sentences.
3. Due to the need to coordinate with Stanislaus County Jail for the purposes of facilitating full and complete discovery including but not limited to the coordination of depositions for both James Bastin and Sarah Bastin, the parties now jointly agree 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 sixty (60) days;
4. The parties hereby stipulate that the discovery dates set forth in the parties' Joint Scheduling Report and in the Court's October 10, 2012 Scheduling Order (Doc. 10) should be changed to the following dates:
Event Current Date/Deadline Proposed New Date Non-Expert Discovery June 25, 2013 August 23, 2013 Expert Disclosure July 15, 2013 September 13, 2013 Expert Discovery August 30, 2013 October 29, 2013 Non-Dispositive Filing September 25, 2013 November 22, 2013 Dispositive Filing Deadline October 25, 2013 December 20, 2013
5. All other dates, as set forth in the Court's Order issued October 10, 2012 (Doc. 10) remain unaffected by this stipulation including the January 27, 2014, pretrial hearing date and April 1, 2014, trial date.
6. This is the Parties' first request for an extension and no further extensions are currently anticipated.
IT IS SO ORDERED.
All discovery deadlines and pre-trial motion dates currently set forth in the Court's October 12, 2012 Scheduling Order (Doc. 10) shall be rescheduled to those dates stipulated to by the parties, as set forth above. All other dates, as set forth in the Court's Order issued October 12, 2012 (Doc. 10) remain unaffected by this stipulation including the January 27, 2014, pretrial hearing date and April 1, 2014, trial date.