Delano Farms Company et al v. The California Table Grape Commission

Filing 160

STIPULATION and ORDER signed by Magistrate Judge Jennifer L. Thurston on 4/12/2012. Motion hearing re: 156 MOTION to AMEND and Mid-Discovery Status Conference are RESET to 5/22/2012 at 09:00 AM before Magistrate Judge Jennifer L. Thurston. Counsel is authorized to appear by telephone. (Leon-Guerrero, A)

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Lawrence M. Hadley (SBN 157728)
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
[phone]
[phone] (fax)
[e-mail]
Attorneys for Plaintiffs DELANO FARMS CO., FOUR STAR FRUIT, INC., AND
GERAWAN FARMING, INC.

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Randolph D. Moss (pro hac vice)
Brian M. Boynton
(SBN 222193)
Thomas G. Saunders (pro hac vice)
WILMER CUTLER PICKERING
HALE AND DORR LLP
1875 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
[phone]
[phone] (fax)
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant THE CALIFORNIA TABLE GRAPE COMMISSION

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[Additional counsel listed in signature block]

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DELANO FARMS COMPANY; FOUR )
STAR FRUIT, INC.; AND GERAWAN )
FARMING, INC.,
)
)
Plaintiffs,
)
)
v.
)
)
THE CALIFORNIA TABLE GRAPE )
COMMISSION; UNITED STATES OF )
AMERICA; UNITED STATES
)
DEPARTMENT OF AGRICULTURE; )
AND TOM VILSACK, SECRETARY )
OF THE UNITED STATES
)
DEPARTMENT OF AGRICULTURE )
(IN HIS OFFICIAL CAPACITY),
)
)
Defendants.
)
)

CASE NO. 1:07-cv-01610 LJO JLT
STIPULATION REGARDING HEARING
ON MOTION TO AMEND AND MIDDISCOVERY STATUS CONFERENCE

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE

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WHEREAS, pursuant to the scheduling order entered on February 16, 2012, the parties are

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currently scheduled to appear at a mid-discovery status conference on May 18, 2012, at 9:30 a.m.,

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before the Honorable Jennifer L. Thurston, United States Magistrate Judge;

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WHEREAS, as described in the attached declaration, counsel for the California Table Grape

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Commission are counsel in an administrative hearing set to begin on May 7, 2012, and to end on

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May 18, 2012;

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WHEREAS, on April 6, 2012, plaintiffs filed a Motion for Leave to File a Third Amended
Complaint (Dkt. No. 156);
WHEREAS, the hearing on plaintiffs’ motion is currently scheduled for April 26, 2012,
which is 20 days after the date of filing of the motion;
WHEREAS, Local Rule 230(b) provides that, without leave a court, a civil motion should be
set for hearing no earlier than 28 days after the motion is filed and served;
WHEREAS, the parties agree that the hearing date on plaintiffs’ motion for leave to amend

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should be moved to a date at least 28 days from the date the motion was filed, and further agree that

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it would be most efficient to hold the hearing on plaintiffs’ motion on the same date as the mid-

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discovery status conference;

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IT IS HEREBY STIPULATED by the parties to this case, through their respective counsel,
subject to the Court’s availability and approval, as follows:
1.

The mid-discovery status conference, which is currently scheduled for May 18, 2012,

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shall be rescheduled for May 21, 2012, or the first available date thereafter that is convenient for the

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Court; and

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2.

The hearing on plaintiffs’ Motion for Leave to File a Third Amended Complaint

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(Dkt. No. 156), which is currently scheduled for April 26, 2012, shall be rescheduled for May 21,

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2012, or the first available date thereafter that is convenient for the Court.

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE

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DATED: April 12, 2012

WILMER CUTLER PICKERING
HALE AND DORR LLP
Randolph D. Moss (pro hac vice)
Brian M. Boynton
(SBN 222193)
Thomas G. Saunders (pro hac vice)
1875 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
[phone]
[phone] (fax)
[e-mail]
[e-mail]
[e-mail]

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By /s/ Brian M. Boynton
Brian M. Boynton
Attorneys for Defendant THE CALIFORNIA TABLE
GRAPE COMMISSION

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE

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DATED: April 12, 2012

HENNIGAN, BENNETT & DORMAN LLP
LAWRENCE M. HADLEY (SBN 157728)
[e-mail]
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]
THE LAW OFFICES OF RALPH B. WEGIS
RALPH B. WEGIS (SBN 67966)
1930 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
LAW OFFICES OF BRIAN C. LEIGHTON
BRIAN C. LEIGHTON (SBN 090907)
701 Pollasky Avenue
Clovis, CA 93612
Phone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs DELANO FARMS
COMPANY; FOUR STAR FRUIT, INC.; GERAWAN
FARMING, INC.;

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By /s/ Lawrence M. Hadley (as authorized 4/11/2012)
Lawrence M. Hadley

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE

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DATED: April 11, 2012

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STUART DELERY
Acting Assistant Attorney General
JOHN FARGO
Director
BENJAMIN B. WAGNER
United States Attorney
SUSAN L. C. MITCHELL
Trial Attorney
UNITED STATES DEPARTMENT OF JUSTICE
COMMERCIAL LITIGATION BRANCH
CIVIL DIVISION
Washington, D.C. 20530

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By

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Susan L. C. Mitchell

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Attorneys for Defendants
THE UNITED STATES OF AMERICA, THE UNITED
STATES DEPARTMENT OF AGRICULTURE, AND
TOM VILSACK

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ORDER

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Good cause appearing, the Court ORDERS:

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1.

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The mid-discovery status conference, currently set on May 18, 2012, is
CONTINUED to May 22, 2012 at 9:00 a.m.;

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2.

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The hearing on plaintiffs’ Motion to file an amended complaint (Doc. 156) currently
scheduled for April 26, 2012, is CONTINUED to May 22, 2012 at 9:00 a.m.;

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3.

Counsel are authorized to appear by CourtCall provided they submit written

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notification of their intent to appear by telephone to

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[e-mail], at least 5 court days before the hearing.

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IT IS SO ORDERED.
Dated:

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April 12, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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DEAC_Sig nature-END:

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE

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STIPULATION REGARDING HEARING ON MOTION TO AMEND
AND MID-DISCOVERY STATUS CONFERENCE