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United States v. Approximately $158

United States District Court, Ninth Circuit

October 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
APPROXIMATELY $158, 000.00 IN U.S. CURRENCY, Defendant.

BENJAMIN B. WAGNER, United States Attorney, JEFFREY A. SPIVAK, HEATHER MARDEL JONES, Assistant United States Attorneys, Fresno, California, Attorneys for the United States.

MARK A. BROUGHTON, CHRISTINA A. WIDNER, Attorneys for Claimants James Choe and Steve Yun Lee.

STIPULATION TO CONTINUE FRCP RULE 16(b) SCHEDULING ORDER DISCOVERY DATES; ORDER THEREON

SANDRA M. SNYDER, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the United States of America, claimants James Choe, Steve Yun Lee, and their counsel of record, as follows:

On April 23, 2013, 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;

As the Court is aware, at the end of the day on September 30, 2013, the appropriations act that had been funding the Department of Justice expired and appropriations to the Department lapsed. The Department does not know when funding will be restored by Congress. Absent an appropriation, Department of Justice attorneys and employees are prohibited from working, even on a voluntary basis, except in very limited circumstances, including "emergencies involving the safety of human life or the protection of property." 31 U.S.C. ยง 1342. That exception is not deemed to include most civil cases. Indeed, the assigned Assistant U.S. Attorney, AUSA Jeffrey A. Spivak, is currently furloughed until appropriations to the Justice Department are restored. Should the lapse of appropriations continue, undersigned counsel for defendant United States of America will be forced to file a motion, on an expedited basis, requesting a continuance of the herein stipulated dates, and as a result, also of the presently scheduled trial. The United States has expressed its possible need to file such a motion to Claimants' Counsel. Claimants' Counsel has indicated their intent to oppose such a motion;

However, the parties are able to currently stipulate and propose that the dates set forth in the parties' Joint Scheduling Report and in the Court's May 15, 2013 Scheduling Order (Doc. 29) should be changed to the following dates:

Discovery Event Current Date/Deadline Proposed New Date Non-Expert Discovery October 18, 2013 December 13, 2013 Cutoff Expert Disclosure November 8, 2013 December 27, 2013 Supplemental Expert November 29, 2013 January 10, 2014 Expert Discovery Cutoff January 10, 2014 February 7, 2014 Non-Dispositive Motion November 29, 2013 January 3, 2014 Filing Dispositive Motion Filing February 14, 2014 February 21, 2014 Pre-Trial Conference Date May 9, 2014 No change Court Trial Date June 17, 2014 No change

IT IS SO ORDERED.

All dates currently set forth in the Court's May 15, 2013 Scheduling Order (Doc. 29) shall be rescheduled to those dates stipulated to by the parties, as set forth hereinabove.


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