Seed Services, Inc. v. Winsor Grain, Inc., et al

Filing 64

ORDER Re: 63 Stipulation to: 1. Withdraw Rescission Claim, 2. Continue Trial Date, 3. Attend Settlement Conference, signed by Chief Judge Anthony W. Ishii on 2/28/2012. The Pretrial Conference Set for March 15, 2012, and the Trial Set for May 15, 2012 Are Hereby VACATED. (Settlement Conference set for 4/10/2012 at 10:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin.) (Marrujo, C)

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T. SCOTT BELDEN, CSB No. 184387
PAUL C. FRANCO, CSB No. 203899
KALEB L. JUDY, CSB No. 266909
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]
E-Mail: [e-mail]; [e-mail]

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Attorneys for Plaintiff and Cross-Defendant Seed Services, Inc.

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4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

UNITED STATES DISTRICT COURT

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

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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SEED SERVICES, INC., a California
corporation,

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ORDER RE: STIPULATION TO:
1. WITHDRAW RESCISSION
CLAIM,
2. CONTINUE TRIAL DATE,
3. ATTEND SETTLEMENT
CONFERNCE,

Plaintiff,

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Case No. 1:10-cv-02185-AWI-GSA

vs.
WINSOR GRAIN, INC., a Minnesota
corporation, WILLIAM L. COOK, an
individual, and DOES 1 through 35,
Inclusive.

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Defendants.

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WILLIAM L. COOK, an individual, and
WINSOR GRAIN, INC., a Minnesota
corporation,
Counterclaimants,

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vs.
SEED SERVICES, INC., a California
corporation,
Counterdefendant.

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Plaintiff and cross-defendant SEED SERVICES, INC., by and through its attorneys,

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Klein, DeNatale, Goldner, Cooper, Rosenlieb & Kimball, LLP, and defendants and cross-

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complainants WINSOR GRAIN, INC. AND WILLIAM COOK, by through their attorneys,
11cv2185.o.dismiss one claim continue.DOC

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STIPULATION

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Gilmore Wood Vinnard & Magness, hereby stipulate and agree to the terms of this Stipulation

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and Order, and the Court hereby approves this Stipulation and enters the Order thereon.
Recitals

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1.

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In or around August 2010, Seed Services, Inc. (“Seed Services”) and Winsor

Grain, Inc. (“Winsor Grain”) entered into a written contract (“the August 2010 Contract.”)

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2.

Seed Services filed this action against Winsor Grain and its principal, William

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L. Cook, for breach of the August 2010 Contract, among other things. In its complaint, Seed

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Services included a claim for rescission of the August 2010 Contract.

4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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

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Dismissal of Seed Services’ rescission claim

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3.

Seed Services no longer desires to pursue the claim for rescission of the August

2010 Contract, and wishes to dismiss that claim without prejudice.

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The filing of the First Supplemental Complaint

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4.

In December 2011, Seed Services sought leave to file a First Supplemental

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Complaint against Mr. Cook and Winsor Grain for acts that occurred in November, 2011. The

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court granted Seed Services leave to file the First Supplemental Complaint by order dated

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January 13, 2012.

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5.

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Complaint on January 31, 2012.

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6.

The parties desire to conduct limited discovery on the claims and defenses

raised by the First Supplemental Complaint and Answer thereto.

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Mr. Cook and Winsor Grain filed an Answer to the First Supplemental

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The parties desire to continue the trial date in this matter by approximately three

months to allow them to conduct this limited discovery.

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Settlement Conference

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8.

The parties have not attended a settlement conference in this case, and desire to

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do so. The parties desire that the settlement conference be held before Magistrate Judge

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Austin, notwithstanding Local Rule 270(b).

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11cv2185.o.dismiss one claim continue.DOC

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STIPULATION

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Stipulation

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IT IS HEREBY STIPULATED AND AGREED by and between the parties that:

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Dismissal of Seed Services’ rescission claim

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1.

Seed Services agrees that it will not pursue its claim for rescission of the August

2010 Contract.

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2.

Seed Services’ Complaint filed November 22, 2010, is amended as follows:

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Count Four, for Rescission of Contract, comprising paragraphs 37 through 42, is dismissed

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without prejudice. The Prayer for Relief as to Count Four is stricken.

4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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

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3.

With regards to the rescission claim, all parties will bear their own fees and

costs.

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Three months of limited discovery; trial date to be continued

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4.

The allegations in the Supplemental Complaint relate to matters that arose

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following the close of discovery on the Complaint. Therefore, the parties will have ninety (90)

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days from the date of entry of an order approving this stipulation, to conduct any additional

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discovery regarding the claims and defenses raised by the First Supplemental Complaint and

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Answer thereto.

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5.

The parties request and the court hereby orders, the current trial date of May 15,

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2012, be vacated, and that the pretrial conference set for March 15, 2012, will be treated as a

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further status conference and a continued trial date will be set at that time.

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Settlement conference

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6.

The parties request, and the court hereby orders, that they will attend a

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settlement conference before Magistrate Judge Gary S. Austin in March or April 2012, or as

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soon thereafter as practicable. Pursuant to Local Rule 270(b), the parties waive any claim of

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disqualification regarding Judge Austin on the basis that he held the settlement conference.

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All parties are agree to and are ordered to attend the settlement conference in person.
IT IS SO STIPULATED.

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11cv2185.o.dismiss one claim continue.DOC

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STIPULATION

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Dated: _2/24/12________
GILMORE WOOD VINNARD & MAGNESS

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By: ___/s/ Scott L. Jones__________________

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DAVID MALCOLM GILMORE
SCOTT L. JONES

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Dated: _2/24/12________
KLEIN, DeNATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP

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By: ____/S/ T. Scott Belden_______________
T. SCOTT BELDEN
PAUL C. FRANCO
KALEB L. JUDY

4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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

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ORDER
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The parties’ stipulation is adopted. The Pretrial Conference set for March 15, 2012, and

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the Trial set for May 15, 2012 are hereby VACATED. A Settlement Conference is set for

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April 10, 2012, at 10:30 a.m. before Magistrate Judge Austin in Courtroom 10. A separate

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order shall issue regarding Judge Austin’s settlement conference procedures.

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IT IS SO ORDERED.

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Dated: February 28, 2012
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

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0m8i788

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11cv2185.o.dismiss one claim continue.DOC

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STIPULATION