Alvin Souza v. Fernandes et al

Filing 12

STIPULATION and ORDER to continued the 8 MOTION to DISMISS Hearing currently set for 6/21/2010 to 8/23/2010 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii, signed by Chief Judge Anthony W. Ishii on 6/4/2010. (Kusamura, W)

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JOSEPH F. SOARES­#212995 HORSWILL, MEDEROS & SOARES Attorneys at Law 791 North Cherry Street Post Office Box 29 Tulare, California 93275 Telephone: [phone] Facsimile: [phone] Attorneys for ALVIN L. SOUZA dba ALVIN SOUZA DAIRY

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. WHEREAS, on March 30, 2010, Plaintiff, ALVIN L. SOUZA dba ALVIN SOUZA ALVIN L. SOUZA dba ALVIN SOUZA DAIRY, ) ) ) Plaintiff, ) v. ) ) LUIS OLIVEIRA FERNANDES, ) MARLENE A. FERNANDES, ind. and ) dba FERNANDES FAMILY JERSEYS, ) BRENT FERNANDES, A.L. GILBERT ) COMPANY, a California corporation, ) SAN JOAQUIN VALLEY HAY ) GROWERS ASSOCIATION, UNITED ) STATES OF AMERICA ACTING ) THROUGH THE FARM SERVICE ) AGENCY, COUNTY BANK, and ) DOES 1 through 30, inclusive, ) ) Defendants. ) ____________________________________) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -o0oCase No. 1:10-CV-00832-AWI-GSA STIPULATION AND ORDER TO MOVE HEARING DATE Hearing Date: June 21, 2010 Hearing Time: 1:30 p.m. Courtroom: 2, Eighth Floor Judge: Hon. Anthony W. Ishii

DAIRY (hereinafter "SOUZA") filed a Complaint, for among other things, breach of contract, negligence and declaratory relief in Merced County Superior Court, Case No. CV000950. Included in the Complaint, SOUZA alleged that Defendant, UNITED STATES OF AMERICA, was an interested party as they may have held an interest in the Secured Collateral as did other named defendants. 2. WHEREAS, on May 11, 2010, Defendant, UNITED STATES OF AMERICA,

removed SOUZA's state court action to this court. 1

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WHEREAS, on or about May 19, 2010, Defendant ,UNITED STATES OF

AMERICA, filed a Notice of Motion and Motion to Dismiss for Lack of Subject Matter Jurisdiction claiming, among other things, that SOUZA's claim against the UNITED STATES OF AMERICA lacked jurisdiction over Rule 12(b)(1) and that dismissal must occur under Rule 12(b)(5) and 12(b)(6) because SOUZA failed to effect proper service and failed to state a claim upon which relief can be granted. 4. WHEREAS, both judicial and party economy are served by granting this Stipulation

and proposed Order to move the hearing date so that SOUZA and defendants may further discuss settlement and resolution between the parties. Currently, SOUZA has entered into negotiations with Defendants, LUIS OLIVEIRA FERNANDES and MARLENE A. FERNANDES, to resolve this matter. The parties hope that these negotiations will ultimately lead to a settlement which would result in the dismissal of the entire action. STIPULATIONS 1. NOW THEREFORE, SOUZA by and through his attorney, Joseph F. Soares, the

UNITED STATES OF AMERICA, by and through its attorney, Jeffrey J. Lodge, hereby stipulate that the hearing be moved, at a minimum for sixty (60) days so that the parties may continue to discuss settlement between them and they may further discuss other aspects of litigation in hopes that the matter can be resolved. The above is so stipulated. Dated: June ____, 2010 HORSWILL, MEDEROS & SOARES

By______________________________ JOSEPH F. SOARES, Attorneys for Plaintiff, Souza Dated: June ____, 2010 _________________________________ JEFFREY J. LODGE, Attorneys for Defendant, United States of America

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S t ip u la t io n and Order to M o v e Hearing Date

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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 IT IS SO ORDERED. Dated: 0m8i78 June 4, 2010

CONFIRMING ORDER The above stipulations are approved and the court grants the parties' request to stay the action for sixty (60) days and to continue the Motion to Dismiss for Lack of Subject Matter Jurisdiction currently set for June 21, 2010, at 1:30 p.m. to August 23, 2010, at 1:30 p.m., in Courtroom 2 before the Honorable Anthony W. Ishii.

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

S t ip u la t io n and Order to M o v e Hearing Date

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