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Cota v. United States

United States District Court, Ninth Circuit

June 19, 2013

CAPTAIN JOHN J. COTA, Plaintiff,
v.
UNITED STATES OF AMERICA ET AL., Defendants.

MELINDA HAAG (CSBN 132612), United States Attorney, ALEX G. TSE (CSBN 152348), Chief, Civil Division, MICHAEL T. PYLE (CSBN 172954), Assistant United States Attorney, San Jose, California, Attorneys for Federal Defendants.

SINUNU BRUNI LLP, JOHN F. MEADOWS, LEOPOLDO J. CHANCO, Attorneys for Plaintiff CAPTAIN JOHN J. COTA

STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

JEFFREY S. WHITE, District Judge.

IT IS HEREBY STIPULATED by and between the undersigned, subject to the approval of the Court, as follows.

On May 2, 2013, the Court granted a stipulation and continued the initial Case Management Conference to 1:30 p.m on June 28, 2013, the same date as the hearing on the Federal Defendants' motion to dismiss is scheduled to be heard at 9:00 a.m. Counsel for the Federal Defendants is counsel of record for the United States of America, acting through the Farm Service Agency, USDA, the only secured creditor in a pending Chapter 11 bankruptcy proceeding (07-51463 ASW). The dispute between the USDA and the debtors was resolved on Friday June 14, 2013, and a settlement agreement was signed. The bankruptcy court had continued a hearing for approval of the debtors' disclosure statement multiple times, as the parties had advised the court of their efforts to resolve their differences. The settlement reached on Friday means that a hearing will be held in the bankruptcy court on June 28, 2013 at 2:15 p.m. in the San Jose courthouse (this hearing would have been continued further if the parties had not resolved the matter on June 14 if they were still negotiating). Thus, counsel for the Federal Defendants cannot attend a CMC in San Francisco at 1:30 p.m. on June 28, 2013 and make it to a hearing in San Jose at 2:15 p.m. on the same day. Furthermore, the bankruptcy court holds hearings of this nature only once per month and thus it is not possible to move the bankruptcy hearing.

Plaintiff has no objection to the change in the time of the CMC requested by the Federal Defendants. Thus, the parties request that the Court hold the CMC during its 9 a.m. calendar, following the hearing on the pending motion to dismiss. Alternatively, the Court could vacate the CMC and schedule a date for the CMC in its order on the motion to dismiss.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

The initial Case Management Conference is VACATED and will be reset by the Court, if necessary in the order resolving the pending motion to dismiss.


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