Andrews Farms et al v. Calcot Ltd et al

Filing 161

STIPULATION and ORDER Continuing Scheduling Conference For Class Action, signed by Magistrate Judge Dennis L. Beck on 08/20/09. 159 ( Scheduling Conference set for 9/16/2009 at 09:30AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck.)(Gaumnitz, R)

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RALPH B. WEGIS, SBN 67966 MICHAEL J. STUMP, SBN 193542 LAW OFFICES OF RALPH B. WEGIS, P.C. 1930 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 TELEPHONE: [phone] FAX: [phone] Attorneys for Plaintiffs, Andrews Farms and Greg Palla, individually and on behalf of the class

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ANDREWS FARMS, a California partnership; ) ) and, GREG PALLA, a sole proprietor and doing business as GREG PALLA FARMING ) ) COMPANY, individually, and on behalf of ) themselves and all others similarly situated, ) ) ) ) Plaintiffs, ) ) vs. ) CALCOT, LTD; EADIE AND PAYNE, and ) ) DOES 1-50, ) ) Defendants. ) ) Case No.: 1:07-CV-00464-LJO-DLB STIPULATION AND [PROPOSED] ORDER CONTINUING SCHEDULING CONFERENCE FOR CLASS ACTION [Doc. 159] [FRCP Rule 26(F)]

All parties hereby stipulate and agree to continue the Scheduling Conference, presently set for August 31, 2009, and respectfully submit that good cause exists for such continuance, as follows: 1. The Court, by United States District Court Judge Lawrence J. O'Neill on August 5, 2009, issued the "Order On Plaintiff's Renewed Class Certification Motion And Defendant's Motion For Summary Judgment" [Doc.159] ("Class Certification Order"). That order certified Plaintiffs' class against Calcot Ltd. ("Calcot"), Eadie and Payne ("E & P") and the former CEO of Calcot Robert Norris. 1 STIPULATION AND [PROPOSED] ORDER CONTINUING SCHEDULING CONFERENCE FOR CLASS ACTION [Doc. 159]

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2.

The Class Certification Order set a scheduling conference before United States Magistrate Judge Dennis L. Beck for August 31, 2009 requiring a joint report by August 24, 2009. [Doc. 159, pg.21:25-22:6] The Court also directed the parties to meet and confer on issue regarding the class notice and outstanding discovery issues and to raise any unresolved issues at the scheduling conference. [Doc. 159, pg.s21:9-14 & 21:2522:6]

3.

The parties respectfully request that the Scheduling Conference, and date for submitting the joint report, be continued two weeks. The parties have met and conferred on this issue and respectfully submit that good cause exists for such continuance to allow the parties to more fully seek to meet and confer on the notice and outstanding discovery issues in the hope of resolving these before the conference. Further, this extra time will allow the parties further time to address and meet and confer on case management and related issues for the scheduling conference in light of the Court's recent order.

Dated: August 19, 2009:

GRISWOLD, LASALLE, COBB, DOWD & GIN, LLP By /s/MICHAEL JOHNSON ROBERT M. DOWD, Attorneys for Defendant, CALCOT, LTD and ROBERT W. NORRIS.

Dated: August 19, 2009:

McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH, LLP

By

/s/JERRY CASHEROS MARSHALL C. WHITNEY, JERRY CASHEROS, Attorneys for Defendant, EADIE & PAYNE, LLP

[additional signatures on remaining page] 2 STIPULATION AND [PROPOSED] ORDER CONTINUING SCHEDULING CONFERENCE FOR CLASS ACTION [Doc. 159]

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Dated: August 19, 2009:

LAW OFFICES OF RALPH B. WEGIS By /s/MICHAEL J. STUMP MICHAEL J. STUMP, Attorneys for Plaintiffs, ANDREW FARMS and GREG PALLA, dba GREG PALLA FARMING COMPANY

ORDER

The Scheduling Conference is continued to 9/16/2009 at 9:30 am before Magistrate Judge Beck.

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

August 20, 2009

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

3 STIPULATION AND [PROPOSED] ORDER CONTINUING SCHEDULING CONFERENCE FOR CLASS ACTION [Doc. 159]