Hydrotech v. Bara Infoware, Inc., et al.

Filing 58

ORDER RE: Hydrotech Inc.'s Motion to Withdraw Admissions and for Leave to Respond to Requests for Admission and Hydrotech Inc.'s Motion to Be Relieved as Counsel, signed by Judge Oliver W. Wanger on 8/10/09: Hydrotech's Opposition to MSJ ddl 9/11/2009; Bara's MSJ set for 9/28/09 at 10:00 a.m., Ctrm 3.(Hellings, J)

1 MICHAEL J. JURKOVICH 148895 G. ANDREW SLATER 238126 2 KIMBLE, MacMICHAEL & UPTON A Professional Corporation 3 5260 North Palm, Suite 221 Post Office Box 9489 4 Fresno, California 93792-9489 Telephone: [phone] Attorneys for Defendant, BARA INFOWARE, INC. 7 8 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION Case No.: 1:09-CV-00069-OWW-SMS ORDER RE: HYDROTECH INC.'S MOTION TO WITHDRAW ADMISSIONS AND FOR LEAVE TO RESPOND TO REQUESTS FOR ADMISSION AND HYDROTECH INC.'S MOTION TO BE RELIEVED AS COUNSEL Date: Time: Courtroom: Judge: August 3, 2009 10:00 a.m. 3 Honorable Oliver W. Wanger

11 HYDROTECH, INC., a Nevada corporation, ) ) 12 Plaintiff, ) ) 13 vs. ) ) 14 BARA INFOWARE, INC., a California ) corporation; U.S. SPECIALTY ) 15 INSURANCE COMPANY, a Texas ) corporation; and DOES I through X, ) 16 inclusive, ) ) 17 Defendants. ) ) 18 ) ) 19 ) 20 21

The motion of plaintiff HYDORTECH, INC. ("Hydrotech") to Withdraw Admissions

22 and for Leave to Respond to Requests for Admission, and the motion of John D. Moore, Esq. to 23 be relieved as counsel for Hydrotech came on for hearing before the Honorable Oliver W. 24 Wanger at the hour of 10:00 a.m. on August 3, 2009. John D. Moore of the Law Offices of 25 Michael B. Springer appeared on behalf of HYDROTECH, INC. ("Hydrotech"). G. Andrew 26 Slater of Kimble, MacMichael & Upton, a professional corporation, appeared on behalf of 27 defendant BARA INFOWARE, INC. ("Bara").
LAW OFFICES

Collin D. Cook of Lanak & Hanna, P.C.,

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

28 appeared on behalf of defendant U.S. SPECIALTY INSURANCE COMPANY ("USSIC"). The

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1 court having reviewed the documents and papers herein, and good cause appearing therefore: 2 IT IS HEREBY ORDERED, that Hydrotech's motion to Withdraw Admissions and for

3 Leave to Respond to Requests for Admission is granted and its admissions withdrawn. 4 IT IS FURTHER ORDERED, that John D. Moore's motion to be relieved as counsel

5 for Hydrotech is granted and Hydrotech is ordered to secure new legal counsel and file with this 6 Court a Substitution of Attorney identifying its new legal counsel on or before August 13, 2009. 7 IT IS FURTHER ORDERED, that Hydrotech serve Bara with amended responses to

8 Bara's Request for Admissions, Set One; and that Hydrotech must serve Bara with responses to 9 all outstanding written discovery propounded by Bara in the above action (Request for 10 Production of Documents, Set One and Set Two, and Special Interrogatories, Set One) on or 11 before August 28, 2009. 12 IT IS FURTHER ORDERED, that Hydrotech file any Opposition to Bara's pending

13 Motion for Summary Judgment on or before September 11, 2009. 14 IT IS FURTHER ORDERED, that Bara's Motion for Summary Judgment be heard on

15 September 28, 2009, in Courtroom 3 of this Court at 10:00 a.m. 16 The Court reserves the right to rule on the issue of sanctions against Hydrotech as

17 requested in Bara's Opposition to Hydrotech's Motion to Withdraw Admissions and for Leave to 18 Respond to Requests for Admission. 19 20 21 22 23 24 25 26 27
LAW OFFICES

Dated: 8/10/2009

/s/ OLIVER W WANGER HONORABLE OLIVER W. WANGER UNITED STATES DISTRICT COURT JUDGE

1167901. 00078360.000

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

28

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