Black Gold Potato Sales Inc., v. Dicovery Gardens et al.

Filing 18

STIPULATION and ORDER TO VACATE SETTLEMENT CONFERENCE SET FOR 4/13/2009 AND TO BE PLACED ON CALENDAR AT A LATER DATE, IF NEEDED signed by Magistrate Judge Dennis L. Beck on 4/9/2009. (Hernandez, M)

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4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309 933

T. SCOTT BELDEN, CSB NO. 184387 TERRENCE T. EGLAND, CSB NO. 240911 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, California 93309 P.O. Box 11172 Bakersfield, California 93389-1172 Telephone: [phone] Facsimile: [phone] Email: [e-mail]; [e-mail] Attorneys for Defendants and Counter-Claimants California-Oregon Seed, Inc., and Discovery Garden's, LLC UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BLACK GOLD POTATO SALES, INC., Plaintiff, v. DISCOVERY GARDEN'S, LLC, et al., Defendants. CALIFORNIA-OREGON SEED, INC., and DISCOVERY GARDEN'S, LLC, Counterclaimants, v. BLACK GOLD POTATO SALES, INC., Counterdefendant. TO THE HONORABLE GARY S. AUSTIN, UNITED STATES MAGISTRATE JUDGE: Defendants and Counter-Claimants California-Oregon Seed, Inc., and Discovery Garden's, LLC, ("Discovery Garden's"), on the one hand, and Plaintiff and Counter-Defendant Black Gold Potato Sales, Inc. ("Black Gold"), on the other hand, by and through their respective counsel, stipulate to the vacation of the Settlement Conference currently scheduled for April 13, 2009, at 10:00 a.m. before Judge Dennis L. Beck, and request that the Settlement Conference be vacated by the Court, as follows:
08cv1488.o.vacsettlement.DOC

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 1:08-cv-01488-AWI-GSA Judge: Gary S. Austin STIPULATION FOR VACATION OF SETTLEMENT CONFERENCE; ORDER VACATING SETTLEMENT CONFERENCE Date: Time: Place: April 13, 2009 10:00 a.m. Department 13 U.S. District Court 2500 Tulare Street Fresno, California Judge: Dennis L. Beck

KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP

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"CONFIDENTIAL" SETTLEMENT CONFERENCE STATEMENT

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4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309

1.

The Court entered a Scheduling Order in the above captioned case on January

13, 2009. The Scheduling Order provides for a Settlement Conference, currently scheduled for April 13, 2009, at 10:00 a.m. before Judge Dennis L. Beck. 2. Discovery Garden's and Black Gold (collectively "the Parties") do not believe

that settlement is possible at this early stage in the litigation. Discovery is in its early stages: documents have yet to be produced and no depositions have taken place or been noticed. Thus far, only interrogatories have been propounded and responded to by the Parties. 3. Based upon the discussions of the Parties, it is apparent that participation in the

Settlement Conference would be fruitless at this time. As a result, the Parties request that the Court vacate the Settlement Conference set for April 13, 2009. 4. The Parties intend to proceed preparing for trial. If, however, once discovery

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KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP

has progressed, the Parties believe that a Settlement Conference would be beneficial, the Parties will notify the Court and request that a Settlement Conference be rescheduled. Dated: April 6, 2009 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP /s/ Terrence T. Egland By______________________________________ T. SCOTT BELDEN TERRENCE T. EGLAND, Attorneys for California-Oregon Seed, Inc., and Discovery Garden's, LLC Dated: April 7, 2009 CHOATE AND CHOATE By JOSEPH CHOATE, JR. ROBERT P. LEWIS, JR. BRADLEY CORNELL, Attorneys for Black Gold Potato Sales, Inc. /s/ Joseph Choate, Jr.

08cv1488.o.vacsettlement.DOC

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"CONFIDENTIAL" SETTLEMENT CONFERENCE STATEMENT

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4550 CALIFORNIA AVENUE, SECOND FLOOR BAKERSFIELD, CALIFORNIA 93309

ORDER VACATING SETTLEMENT CONFERENCE Based upon the foregoing Stipulation, it is hereby Ordered as follows: 1. The Settlement Conference scheduled for April 13, 2009, in the above entitled

action is vacated. 2. The Court, at its discretion, will reschedule the Settlement Conference upon the

request of the Parties.

Dated: 9 April 2009

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08cv1488.o.vacsettlement.DOC

___/s/ Dennis L. Beck_________________ UNITED STATES MAGISTRATE JUDGE

KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP

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"CONFIDENTIAL" SETTLEMENT CONFERENCE STATEMENT