Britz Fertilizers, Inc. v. Bayer Corporation et al

Filing 227

JOINT REQUEST To Vacate Trial and Pre-Trial Dates; ORDER Theron, signed by Judge Oliver W. Wanger on 4/23/2010. (Motion Hearing 4/26/2010, Motions In Limine Hearing 5/28/2010, and Jury Trial 6/15/2010 are VACATED.)(Gaumnitz, R)

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STEPHEN T. CLIFFORD, ESQ., SBN 39020 T. MARK SMITH, ESQ., SBN 162370 Clifford & Brown A Professional Corporation Attorneys at Law 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 661-322-6023 661-322-3508 fax Attorneys for Defendants BAYER CORPORATION and BAYER CROPSCIENCE, LP IN THE UNITED SATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION BRITZ FERTILIZERS, INC., Plaintiff, vs. BAYER CORPORATION; BAYER CROPSCIENCE, LP, Defendants ) Case No.: 1:06-CV-00287-OWW-DLB ) ) JOINT REQUEST TO VACATE TRIAL ) AND PRE-TRIAL DATES; ORDER ) THEREON ) ) ) ) ) ) JOINT REQUEST All parties in this action, acting through their respective counsel, jointly request for the following reasons that all Motion, Pre-Trial and Trial dates in this action be vacated. WHEREAS, the parties have reached an agreement-in-principle to settle and resolve the claims of plaintiff, Britz Fertilizers, Inc. ("Plaintiff") against defendants Bayer Cropscience, LP and Bayer Corporation, Inc. ("Defendants"); WHEREAS, such settlement is conditioned upon the Court granting a motion for good faith settlement approval (Cal. Code of Civ. Proc. §§ 877, 877.6); WHEREAS, the parties anticipate that a joint motion for good faith settlement approval within thirty (30) days of today's date;

1 Joint Request to Vacate Trial and Pre-Trial Dates; Order Thereon

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DEAC_Signature-END:

WHEREAS, in order to allow sufficient time for the preparation, filing, and hearing of the motion, which, if granted, and thereby barring any potential claims of the noticed parties, will result in dismissal of the action; WHEREAS, the parties seek to take off-calendar all Motion, Pre-Trial and Trial dates, including, but not limited to: April 26, 2010 May 28, 2010 June 15, 2010 10:00 a.m. 12:00 p.m. 9:00 a.m. Plaintiff's Motion to Amend Hearing on Motions in Limine Trial;

to be reset upon request by plaintiff or defendants should the Court deny the motion. DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA FRAME & MATSUMOTO By /s/ Ted R. Frame (authorized on 4/22/10) Ted R. Frame Attorneys for Plaintiff Britz Fertilizers, Inc. CLIFFORD & BROWN By /s/ T. Mark Smith Stephen T. Clifford T. Mark Smith Attorneys for Defendants Bayer Corporation and Bayer CropScience, L.P.

Dated: April 21, 2010

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Dated: April 21, 2010

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IT IS SO ORDERED. Dated:

April 23, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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2 Joint Request to Vacate Trial and Pre-Trial Dates; Order Thereon