United States Department of Justice vs. Rajendra Jamnadas

Filing 376

STIPULATION and ORDER -GRANTED. 374 MOTION for SUMMARY JUDGMENT currently set for 8/17/09 has been CONTINUED to 10/27/2009 at 08:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill signed by District Judge Lawrence J. O'Neill on July 31, 2009. (Lira, I)

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Eric Grant (Bar No. 151064) grant@hicks-thomas.com Hicks Thomas LLP 8001 Folsom Boulevard, Suite 100 Sacramento, California 95826 Telephone: (916) 388-0833 Facsimile: (916) 691-3261 John B. Thomas (pro hac vice) jthomas@hicks-thomas.com Brian M. Keller (pro hac vice) bkeller@hicks-thomas.com Hicks Thomas LLP 700 Louisiana Street, Suite 2000 Houston, Texas 77002 Telephone: (713) 547-9100 Facsimile: (713) 547-9150 Counsel for Third-Party Defendant R.R. STREET & CO. INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION ) ) Plaintiff, ) ) v. ) ) STEPHEN C. LYON, et al., ) ) Defendants/Third-Party Plaintiffs, ) ) v. ) ) THE DOW CHEMICAL COMPANY, et al., ) ) Third-Party Defendants. ) ) AND ALL RELATED CROSS-CLAIMS ) AND THIRD-PARTY CLAIMS. ) ) UNITED STATES OF AMERICA, No. 1:07-cv-00491-LJO-GSA JOINT REQUEST FOR CONTINUANCE OF HEARING ON THIRD-PARTY DEFENDANT R.R. STREET & CO. INC.'S MOTION FOR SUMMARY JUDGMENT [L.R. 78-230(g)] Hearing Date: Time: Courtroom: Judge: August 17, 2009 8:30 a.m. 4 Hon. Lawrence J. O'Neill Pursuant to Local Rule 78-230(g), Third-Party Defendant R.R. Street & Co. Inc. ("Street") and Defendants/Third-Party Plaintiffs Stephen C. Lyon, Suzanne S. Lyon, Russell R. Tonda, and Diane M. Tonda as individuals, and Rajendra Jamnadas as the personal representative of the Estate of Shantilal Jamnadas (collectively, "Third-Party Plaintiffs"), respectfully request a continuance of Error! Reference source not found. Certificate of Service the hearing on Street's pending motion for summary judgment against Third-Party Plaintiffs. In support of this request, Street and Third-Party Plaintiffs would show the following: 1. Street filed its motion for summary judgment on July 17, 2009 and properly set the motion for hearing on August 17, 2009 (Doc. 374). 2. Third-Party Plaintiffs have approached Street requesting a 60-day continuance of such hearing, and Street is amenable to such request. 3. Continuing the scheduled hearing to Tuesday, October 20, 2009, at 8:30 a.m. would accommodate Third-Party Plaintiffs' request. 4. Third-Party Plaintiffs have agreed to file their oppositions to Street's motion on or before September 28, 2009. 5. Although Third-Party Plaintiffs do not waive any right to request an additional con- tinuance from the Court, Street respectfully informs Third-Party Plaintiffs and the Court that Street will oppose any additional continuance. Accordingly, Street and Third-Party Plaintiffs request that the hearing on Street's motion for summary judgment against Third-Party Plaintiffs be continued to Tuesday, October 20, 2009, at 8:30 a.m., and that any opposition to the motion be filed on or before September 28, 2009. Dated: July 30, 2009. Respectfully submitted, /s/ Eric Grant Eric Grant John B. Thomas Brian M. Keller Hicks Thomas LLP Counsel for Third-Party Defendant R.R. STREET & CO. INC. Error! Reference source not found. Certificate of Service ROGERS JOSEPH O'DONNELL By: /s/ Aaron P. Silberman (as authorized on this date) ROBERT C. GOODMAN AARON P. SILBERMAN ZACHARY M. RADFORD Attorneys for Defendants, Cross-Complainants, Cross-Defendants and Third-Party Plaintiffs STEPHEN C. LYON; SUZANNE S. LYON; RUSSELL R. TONDA; DIANE M. TONDA SCHUERING ZIMMERMAN SCULLY TWEEDY & DOYLE, LLP By: /s/ KEITH D. CHIDLAW (as authorized on this date) KEITH D. CHIDLAW Attorneys for Defendant and Third-Party Plaintiff RAJENDRA JAMNADAS, personal representative of the ESTATE OF SHANTILAL JAMNADAS IT IS SO ORDERED. The Motion Hearing currently set for 8/17/09 has been CONTINUED to 10/27/09 at 8:30am. The Court is unavailable on 10/20/09 as requested. Date: July 31, 2009 /s/ Lawrence J. O'Neill Honorable Lawrence J. O'Neill United States District Judge Error! Reference source not found. Certificate of Service

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