Case 2:06-cv-00448-WBS-PAN Document 12 Filed 03/24/2006 Page 1 of 2

1 CRAIG N. LUNDGREN (State Bar No. 148842)

MALOVOS & MENDOZA, LLP
2 3620 American River Drive, Suite 215
Sacramento, CA 95864
3 (916) 974-8600
(916) 974-8608 FAX
4 cnl@malovoslaw.com
5 E. Kenneth Wall, Esq. (VSB#33967)
E. KENNETH WALL, P.C.
6 4020 University Drive, Suite 207
Fairfax, Virginia 22030
7 (703)591-2260
(888) 552-0002
8 ken@ekwinc.net
9 Attorneys for Plaintiff
D&V MACHINE SHOP & PUMP CO.
10

11 IN THE UNITED STATES DISTRICT COURT

12 FOR THE EASTERN DISTRICT OF CALIFORNIA

13 D & V MACHINE SHOP & PUMP CO., )

) Case No. 2:06-CV-448-WBS-PAN
14 Plaintiff, )
)
15 )
)
16 UNITED STATES OF AMERICA, )
)
17 Defendant. )
____________________________________)
18
REQUEST FOR CONTINUANCE OF STATUS CONFERENCE AND ORDER
19
COMES NOW the Plaintiff, D & V MACHINE SHOP & PUMP CO., by counsel, and
20
hereby requests a continuance of the Status Conference presently scheduled for May 22, 2006,
21
at 9:00 a.m., in the captioned matter, and as grounds therefore, states
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1. The Summonses for the UNITED STATES OF AMERICA, with copies of the
23
Federal Petition attached, were forwarded by certified mail on March 16, 2006,
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to the United States Attorney General and the United States Attorney for the
25
Eastern District of California, and receipt of same cannot as of yet be
26
determined.
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2. The UNITED STATES OF AMERICA has sixty (60) days from the date of
28
service to answer the Petition initiating this matter.

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 Case 2:06-cv-00448-WBS-PAN Document 12 Filed 03/24/2006 Page 2 of 2

1 3. Accordingly, the UNITED STATES OF AMERICA is not required to file its

2 answer until, at the very earliest, on or about May 16, 2006, which does not

3 give Plaintiff’s counsel and Defendant’s counsel sufficient time to properly

4 discuss this matter and file the requisite JOINT Status Report fourteen (14)

5 calendar days prior to the hearing date of May 22, 2006.

6 4. In addition, Plaintiff’s counsel would also appreciate the Court’s consideration

7 of a planned family vacation during which he will be out of the country from

8 June 21, 2006 through July 27, 2006.

9 5. Accordingly, the Plaintiff’s requests that the Status Conference be continued to

10 Monday, August 28, 2006, at 9:00 a.m.

11 Respectfully submitted
12 D & V MACHINE SHOP & PUMP CO.

13 By: /S/
E. Kenneth Wall
14

15 UPON CONSIDERATION of the foregoing, it is hereby

16 ORDERED that the Status Conference initially scheduled for May 22, 2006, at

17 9:00 a.m., be and hereby is rescheduled to August 28, 2006, at 9:00 a.m.; and it is

18 further

19 ORDERED that all other terms and conditions of this Court’s Order Setting

20 Status (Pretrial Scheduling) Conference remain in effect, utilizing the new hearing

21 date of July 28, 2006, at 9:00 a.m.; and it is further

22 ORDERED that Plaintiff’s counsel shall cause a copy of this Order to be

23 served, by certified mail, on the UNITED STATES OF AMERICA, and shall provide

24 the Court with the appropriate Certificate of Service.

25
DATED: March 24, 2006
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