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- cod;;1:17-cv-01287_de86 RegisterActionDate "2019-01-03" @default.
- cod;;1:17-cv-01287_de86 RegisterActionDescriptionText "ORDER: Three matters are before the Court for consideration. First, the Court denies without prejudice the Defendants' Motion for Stay 85 . The motion states two grounds for relief in the form of a stay of the impending trial date: (i) the parties' intention to complete a settlement, and (ii) the lapse in appropriations affecting the ability of the United States to proceed. As to the pending settlement, the Court has already made clear that no continuances will be granted to accommodate settlement, see Docket #78, and the Court's position on that issue has not changed. As to the lapse in appropriations, the Court notes that, although the Defendants' motion promises a separate request for a stay by the United States, no such motion has been (or apparently will be) filed. The current record before the Court regarding the Government's ability to pursue this action despite the lapse in appropriations remains undeveloped and thus, does not constitute good cause for a stay. Accordingly, the motion for a stay is denied.Second, the Court addresses the Defendants' Motion for Leave to File a Motion to Compel 75 . Pushing past the outer procedural layer of that motion, and turning to the substantive motion to compel, the Court disagrees with the Defendants' premise that, at the November 1, 2018 Pretrial Conference, "the Court... directed the Government to produce the complete administrative record." The Court has reviewed the transcript of that November 1 hearing and does not believe that it specifically ordered pre-trial production of the administrative record. The Court's reading of the transcript is that either: (i) the Government intends to offer the complete, unredacted administrative record at trial, which would ameliorate the Defendants' primary concerns expressed in the motion, or (ii) to the extent the Government presents something less than the complete, unredacted administrative record at trial, the Court, as the trier of fact, will draw any appropriate inferences that flow from the Government failing to provide the complete record. In short, the Defendants' concerns about the completeness of the administrative record can and will be appropriately addressed at trial, based upon the actual evidence that is offered and received. Accordingly, the Motion to Compel is denied.Third, the Court turns to the United States' motion 70 seeking leave to take the deposition of Rana Wadhan. Both parties agree that they always intended that the United States would have the opportunity to interview or depose Ms. Wadhan prior to trial, and the record reflects that the Government's inability to do so to date is largely the result of decisions made by Ms. Wadhan, not delay by the Government. Thus, it is appropriate to allow the United States to have an opportunity to do so. Accordingly, the Court grants leave to the United States to interview or depose Ms. Wadhan, as the parties might agree, within the next 21 days. To the extent that Ms. Wadhan is uncooperative in scheduling a date within this time frame, the United States may take appropriate steps to secure her cooperation via subpoena. Because that interview or deposition will likely occur beyond the date set for trial, the Court VACATES the trial date of January 14 and RESETS the trial for Feb. 4-7, 2019. By Chief Judge Marcia S. Krieger on 1/3/19. Text Only Entry (msklc2, ) (Entered: 01/03/2019)" @default.
- cod;;1:17-cv-01287_de86 AdministrativeID "87" @default.
- cod;;1:17-cv-01287_de86 OntologyLabel dismiss_without_prejudice @default.
- cod;;1:17-cv-01287_de86 OntologyLabel order @default.
- cod;;1:17-cv-01287_de86 hasReferenceToOtherEntry cod;;1:17-cv-01287_de69 @default.
- cod;;1:17-cv-01287_de86 hasReferenceToOtherEntry cod;;1:17-cv-01287_de74 @default.
- cod;;1:17-cv-01287_de86 hasReferenceToOtherEntry cod;;1:17-cv-01287_de84 @default.