Lion Raisins, Inc. v. United States Department of Agriculture

Filing 64

STIPULATION and ORDER To Revise Renewed Motion For Summary Judgment Schedule, signed by Judge Oliver W. Wanger on 4/23/2010. (Reply due by 6/21/2010, Motion For Summary Judgment 58 previously set for 5/3/2010 has been CONTINUED 6/28/2010 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.)(Gaumnitz, R)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WESLEY T. GREEN SBN #201107 CORPORATE COUNSEL P.O. Box 1350 9500 S. DeWolf Ave. Selma, California 93662 Telephone: [phone] Facsimile: [phone] [e-mail] Attorney for Plaintiff, LION RAISINS, INC., a California corporation UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION LION RAISINS, INC., Plaintiff, vs. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant. Case No.: 1:08-CV-00358-OWW-SMS STIPULATION AND ORDER TO REVISE RENEWED MOTION FOR SUMMARY JUDGMENT SCHEDULE

I. RECITALS 1. On December 31, 2009, Plaintiff LION RAISINS, INC. ("Lion") filed its Renewed

Motion for Summary Judgment, as to Count IV, Filed May 4, 2009 and supporting declaration of Wesley T. Green, with a hearing on said motion to be heard on March 8, 2010. 2. On February 19, 2010 Defendant UNITED STATES DEPARTMENT OF

AGRICULTURE filed its Opposition to Plaintiff's Renewed Motion for Summary Judgment, as to Count IV, Filed May 4, 2009, and supporting declarations of David W. Trykowski and Anthony Giannetta.
-1__________________________________________________________________________________________ Stipulation and Order to Revise Renewed Motion for Summary Judgment, as to County IV, Filed May 4, 2009

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
DEAC_Signature-END:

3.

On March 2, 2010, the Court moved the hearing on Lion's Renewed Motion for

Summary Judgment as to Count IV, Filed May 4, 2009, to May 3, 2010 due to the press of business. II. STIPULATION Plaintiff's counsel has requested, and Defendant's counsel has agreed, to revise the Renewed Motion for Summary Judgment Motion Schedule. The parties, by and through their respective counsel, hereby stipulate to revise the Renewed Motion for Summary Judgment, as to Count IV, Filed May 4, 2009, schedule. Based on the

stipulation of the parties, and for good cause shown, the parties request that the Court adjust the Renewed Motion for Summary Judgment schedule as follows: EVENT Reply to be filed Hearing (10:00 a.m.) CURRENT DATE April 26, 2010 May 3, 2010 PROPOSED DATE June 21, 2010 June 28, 2010 Respectfully submitted, Dated: April 21, 2010 By: LION RAISINS, INC. /s/ Wesley T. Green WESLEY T. GREEN Corporate Counsel Attorney for Plaintiff BENJAMIN B. WAGNER United States Attorney [As authorized on April 21, 2010] By: /s/ Benjamin E. Hall BENJAMIN E. HALL Assistant U.S. Attorney Attorneys for Defendant

Dated: April 21, 2010

/

IT IS SO ORDERED. Dated:

April 23, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

28

-2__________________________________________________________________________________________ Stipulation and Order to Revise Renewed Motion for Summary Judgment, as to County IV, Filed May 4, 2009