United States of America v. Organic Pastures Dairy Company LLC et al

Filing 65

ORDER re: Stipulation to extend date of Hearing and related deadlines to file additional briefing in opposition to and reply in support of Motion to reopen case re: why Raw Farm, LLC, F/K/A Organic Pastures Dairy Company, LLC; Mark McAfee; and Aaron McAfee should not be held in Civil Contempt 63 signed by District Judge Jennifer L. Thurston on 6/6/2023. Evidentiary Hearing reset for 8/9/2023 at 08:30 AM in Courtroom 4 (JLT) before District Judge Jennifer L. Thurston. (Lundstrom, T)

1
2
3
4
5
6
7
8

Robin B. Ratner, Esq. (SBN 195788)
[e-mail]
STRUCTURE LAW GROUP, LLP
1801 Century Park E., Suite 475
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Raw Farm, LLC fka
Organic Pastures Dairy Company, LLC; Mark
McAfee; and Non-Party Aaron McAfee

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11

UNITED STATES OF AMERICA,

12

Plaintiff,

13
14
15
16

v.
ORGANIC PASTURES DAIRY
COMPANY, LLC, a corporation, and
MARK McAFEE, an individual,

17

Defendants.

18

CASE NO. 1:08-CV-01786-JLT-SAB
STIPULATION AND [PROPOSED]
ORDER TO EXTEND DATE OF
HEARING AND RELATED
DEADLINES TO FILE
ADDITIONAL BRIEFING IN
OPPOSITION TO AND REPLY IN
SUPPORT OF MOTION TO
REOPEN CASE RE: WHY RAW
FARM, LLC F/K/A ORGANIC
PASTURES DAIRY COMPANY,
LLC; MARK MCAFEE; AND
AARON MCAFEE SHOULD NOT
BE HELD IN CIVIL CONTEMPT

19

HEARING DATE: July 5, 2023
TIME: 8:30 AM
PLACE: Courtroom 4, Fresno
JUDGE: Hon. Jennifer L. Thurston

20
21
22

STIPULATION

23
24

Pursuant to Local Rule 143(a)(1), it is hereby stipulated by and between

25

Defendants Raw Farm, LLC fka Organic Pastures Dairy Company, LLC; Mark

26

McAfee; and Non-Party Aaron McAfee (collectively, “Raw Farm”) and Plaintiff

27

United States of America (“Plaintiff”) (collectively, “the Parties”) as follows:

28

1.

On March 27, 2023, Plaintiff filed its Motion To Reopen Case (the
-1-

STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING DATE AND RELATED DEADLINES

1

“Motion”) And Petition For An Order To Show Cause Why Raw Farm, LLC f/k/a

2

Organic Pastures Dairy Company, LLC; Mark McAfee; And Aaron McAfee Should

3

Not Be Held In Civil Contempt (the “Petition”).
2.

4

On May 19, 2023, the Court granted Plaintiff’s Petition, and set an

5

evidentiary hearing regarding the Motion for July 5, 2023. The Court also stated that

6

it would “entertain any reasonable stipulation to permit a different briefing pattern

7

and schedule.”

8

3.

Due to the evidentiary hearing falling immediately after the July 4th

9

Independence Day holiday, and with concern for delays in both travel and preparation

10

for the hearing caused by firm closures related to the holiday, as well as concern for

11

the respective pre-planned schedules of counsel and pertinent witnesses, the Parties

12

jointly agree and hereby stipulate to an extension of the hearing date to August 9,

13

2023, pursuant to Court approval, or to a date thereafter convenient to the Court.1
4.

14

With consideration for this extension, the Parties jointly agree and

15

hereby stipulate to the following filing schedule, pursuant to Court approval.

16

Specifically,
a.

17

Raw Farm shall show cause in writing why they should not be held in

18

civil contempt on or before July 7, 2023. Alternatively, Raw Farm may

19

rest on their previously filed brief as their substantive response.
b.

20

Should Raw Farm file an additional brief, Plaintiff may file a reply on
or before July 17, 2023.

21

c.

22

The parties shall submit witness lists, indicating the anticipated length

23

of testimony or each witness and providing a brief proffer of their

24

anticipated testimony, on or before July 26, 2023.

25
26
1

The Parties are also agreeable to the following dates: August 14, 2023 and August
15, 2023. Raw Farm and its witnesses are unavailable August 16, 2023 through
28 September 30, 2023 due to pre-planned travel and scheduling constraints.
27

-2STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING DATE AND RELATED DEADLINES

1

5.

There has been no previous extension of time requested or granted for

2

these deadlines.

3

6.

This extension is not to delay this matter, but to account for the

4

availability of the Parties, their witnesses, and their counsel at the evidentiary hearing,

5

and to allow the Parties adequate time to prepare their submissions. Moreover, at the

6

strong encouragement of the Court, the Parties have also agreed to further pursue

7

settlement of this matter in advance of the above-referenced hearing.2 The Parties

8

agree that the additional time requested will permit fruitful and productive settlement

9

discussions.

10
11

Date: June 2, 2023

STRUCTURE LAW GROUP, LLP

12

By: /s/Robin B. Ratner
Robin B. Ratner, Esq.
Attorneys for Defendants Raw Farm,
LLC fka Organic Pastures Dairy
Company, LLC; Mark McAfee; and
Non-Party Aaron McAfee

13
14
15
16
17
18

Date: June 2, 2023

19

U.S. DEPARTMENT OF JUSTICE
By:

20
21
22

///

23

///

24

///

25

///

/s/Roger J. Gural
Roger J. Gural, Esq.
Attorney for Plaintiff
United States of America

26
27
28

2

At this time, the Parties do not expect to request the assistance of a magistrate judge.
-3STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING DATE AND RELATED DEADLINES

1
2

[PROPOSED] ORDER
The stipulation of the parties is approved.

3
4
5

IT IS SO ORDERED.
Dated:

June 6, 2023

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4STIPULATION AND [PROPOSED] ORDER TO EXTEND HEARING DATE AND RELATED DEADLINES