Association of Irritated Residents v. Fred Schakel Dairy et al

Filing 442

ORDER re October 23, 2009 Status Conference signed by Judge Oliver W. Wanger on 11/17/2009. (Kusamura, W)

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STOEL RIVES LLP
ATTORNE Y S AT L A W SACRAMENTO

DAVID R. ALBERS (SB #201423) DAVID R. ALBERS, INC. 200 New Stine Road, Suite 220 Bakersfield, CA 93309 Telephone: [phone] Facsimile: [phone] DAVID DOUGLAS DOYLE (SB#100595) DOYLE & SCHALLERT 1233 West Shaw Avenue, Suite 106 Fresno, CA 93711 Telephone: [phone] Facsimile: [phone] LEE N. SMITH (SB #138071) MELISSA A. FOSTER (SB #226755) STOEL RIVES LLP 980 Ninth Street, Suite 1900 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ASSOCIATION OF IRRITATED RESIDENTS, an unincorporated association, Plaintiff, v. FRED SCHAKEL DAIRY, a California Proprietorship; FRED SCHAKEL, owner and operator; SCHAKEL FAMILY PARTNERSHIP, a California Limited Partnership, owner and operator; AG RESOURCES III, a California Limited Liability Company, owner; and SOUTH LAKES DAIRY, a California general partnership, owner and operator, Defendants. The Court having heard Counsels' arguments at the October 23, 2009 Status Conference; Case No. 1:05-CV-00707-OWW-SMS ORDER RE OCTOBER 23, 2009 STATUS CONFERENCE

Dates of Hearings: Courtroom: Judge:

12/17/2009 and 1/25/2010 3 Hon. Oliver W. Wanger

[PROPOSED] ORDER RE OCTOBER 23, 2009 STATUS CONFERENCE
Portlnd3-1701523.1 0038158-00001

-1-

1:05-CV-00707-OWW-SMS

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STOEL RIVES LLP
ATTORNE Y S AT L A W SACRAMENTO

IT IS HEREBY ORDERED: Having reviewed the Joint Status Conference Statement (Doc. 370) and the two Supplemental Statements filed on October 21, 2009 (Doc. 435 and 436), the Court orders two motions set for hearing as follows: 1. The Court recognizes that no formal motion to lift the stay of this case has been

filed, but in the interest of litigant and judicial economy, the Court considers Plaintiff Association of Irritated Residents' arguments in their status reports (Doc. 367, 370, and 436) to reflect AIR's motion and opening briefing. The hearing on the motion to lift the stay of this case will be held on December 17, 2009 at 12 p.m. before the Honorable Oliver W. Wanger, United States District Court, 2500 Tulare Street, Dept. 3, Fresno, California. (a) and (b) 2. Plaintiff's Reply shall be filed on or before November 23, 2009. Defendants' Opposition shall be filed on or before November 13, 2009;

The motion to determine the applicability of Fed. R. Civ. P. 68 will be heard on

January 25, 2010 at 10:30 a.m. before the Honorable Oliver W. Wanger, United States District Court, 2500 Tulare Street, Dept. 3, Fresno, California. (a) (b) (c) Defendants' Opening Brief shall be filed on or before November 18, 2009; Plaintiff's Opposition shall be filed on or before December 11, 2009; and Defendants' Reply shall be filed on or before January 4, 2010.

Dated: November 17, 2009

/s/ OLIVER W. WANGER Hon. Oliver W. Wanger JUDGE OF THE UNITED STATES DISTRICT COURT

[PROPOSED] ORDER RE OCTOBER 23, 2009 STATUS CONFERENCE
Portlnd3-1701523.1 0038158-00001

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1:05-CV-00707-OWW-SMS

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