Onions Etc., Inc. et al v. Z & S Fresh, Inc. et al

Filing 646

STIPULATION and ORDER to Set a Date for Further Settlement Conference and Continue Dispositive Motion Filing and Hearing Dates signed by Judge Oliver W. Wanger on 5/9/2011. (Settlement Conference set for 6/2/2011 at 10:00 AM in Courtroom 6 (MJS) b efore Magistrate Judge Michael J. Seng; Dispositive Motions filed by 6/24/2011; Dispositve Motion Hearing previously set for 6/20/2011 has been CONTINUED to 7/25/2011 at 10:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger) (Figueroa, O)

6

Jan T. Perkins #057995
Jerry H. Mann #095466
Douglas V. Thornton #154956
Ray S. Pool #226188
PERKINS, MANN & EVERETT
A Professional Corporation
2222 West Shaw Avenue, Suite 202
Fresno, California 93711
Telephone [phone]
Facsimile [phone]

7

Attorney for: Plaintiff TERENCE J. LONG, TRUSTEE PURSUANT TO COURT ORDER

1
2
3
4
5

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

10
11

ONIONS ETC., INC., and DUDA FARM
FRESH FOODS, INC.,

12

Plaintiffs,

13

v.

14
15
16
17

Z & S FRESH, INC., a California corporation;
Z & S DISTRIBUTING COMPANY, INC., a
California corporation; MARTIN J.
ZANINOVICH, an individual; LOREN
SCHOENBURG, an individual; MARGE
SCHOENBURG, an individual,

18

Case No.: 1:09-cv-00906-OWW-MJS
STIPULATION AND ORDER TO SET A
DATE FOR FURTHER SETTLEMENT
CONFERENCE AND CONTINUE
DISPOSITIVE MOTION FILING AND
HEARING DATES

Defendants.

19
20

TERENCE J. LONG, TRUSTEE PURSUANT
TO COURT ORDER DATED 06/24/09

21

Intervenor Plaintiff,

22

v.

23
24
25

Z&S FRESH, INC., fbda Z&S
DISTRIBUTING, CO., INC., a California
corporation; et al.

26

Defendants.

27
28
PERKINS, MANN &
EVERETT, APC

///
{00039932.DOC;1}
1
____________________________________________________________________________________________
Stipulation And Order To Set A Date For Further Settlement Conference And
Continue Dispositive Motion Filing And Hearing Dates

1

RECITALS

2

1.

On February 16, 2011, a settlement conference was held.

3

2.

Intervenor Plaintiff and Cross-Defendant TERENCE J. LONG, TRUSTEE

4

PURSUANT TO COURT ORDER (the “Trustee”) and Defendant, Cross-Claimant, and

5

Counter-Claimant FRESNO-MADERA FEDERAL LAND BANK ASSOCIATION, FLCA

6

(the “Bank”) were both represented at the settlement conference.

7

3.

At the time, the positions of the Trustee and the Bank were too far apart to reach

8

a settlement. Further, and in accordance with the scheduling order, the Trustee had received the

9

Bank’s expert witness report only two days before the settlement conference and the Bank had

10

yet to receive the Trustee’s rebuttal witness report. The parties were thus in the midst of expert

11

discovery.

12

4.

Since the February settlement conference, the Trustee has evaluated the Bank’s

13

expert witness report and taken the deposition of the Bank’s expert. The Bank has evaluated the

14

Trustee’s rebuttal witness report. Additionally, the Trustee and the Bank have engaged in

15

further settlement communications, wherein the parties have provided further explanation of

16

the grounds for their positions.

17

5.

With confirmation from Magistrate Judge Michael J. Seng, the Trustee and the

18

Bank have agreed to hold another settlement conference on June 2, 2011, at 10:00 a.m., in

19

Courtroom 6.

20
21
22

6.

The dispositive motion filing and hearing dates are presently set for May 16,

2011 and June 20, 2011, respectively.
7.

The Trustee and the Bank believe the dispositive motion filing and hearing dates

23

should be continued to dates after the further settlement conference. If a settlement is reached,

24

it would considerably alter the posture of the other parties in their prosecution of the case and

25

render unnecessary the expenditure of resources of the parties and the court in preparing for

26

and hearing dispositive motions.

27

8.

The Trustee and the Bank therefore stipulate as follows:

28
PERKINS, MANN &
EVERETT, APC

{00039932.DOC;1}
2
____________________________________________________________________________________________
Stipulation And Order To Set A Date For Further Settlement Conference And
Continue Dispositive Motion Filing And Hearing Dates

1
2
3
4
5
6

STIPULATION
1.

A further settlement conference will be held on June 2, 2011, at 10:00 a.m., in

Courtroom 6.
2.

The dispositive motion filing deadline will be continued from May 16, 2011 to

June 24, 2011.
3.

The dispositive motion hearing date will be continued from June 20, 2011 to

7

July 25, 2011, at 10:00 a.m., in Courtroom 3.

8

Dated: May 9, 2011

PERKINS, MANN & EVERETT, APC

9
10

By: /s/ Jan T. Perkins
.
Jan T. Perkins, attorneys for
TERENCE J. LONG, TRUSTEE

11
12
13

Dated: May 9, 2011

LANG, RICHERT & PATCH

14
15
By: /s/ Scott J. Ivy
.
Scott J. Ivy, attorneys for
FRESNO-MADERA FEDERAL LAND
BANK ASSOCIATION, FLCA

16
17
18
19
20
21
22
23

IT IS SO ORDERED.
Dated:

May 9, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

emm0d64h

24
25
26
27
28
PERKINS, MANN &
EVERETT, APC

{00039932.DOC;1}
3
____________________________________________________________________________________________
Stipulation And Order To Set A Date For Further Settlement Conference And
Continue Dispositive Motion Filing And Hearing Dates