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

Filing 74

Stipulation to continue hearing on Preliminary Injunction from March 26, 2012 to April 2, 2012 and ORDER, signed by Chief Judge Anthony W. Ishii on 3/16/2012. ( Defense Response due by 3/26/2012; Plaintiff Reply due by 3/28/2012; Motion Hearing set for 4/2/2012 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii ) (Figueroa, O)

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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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Stipulation to continue hearing on
preliminary injunction from March 26,
2012, to April 2, 2012, and request for
order

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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10cv2185.stipo.Seed Services Cont Hgr on Prelim
Injunction.doc

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STIPULATION

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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,

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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.

On March 8, 2012, Seed Services, Inc. (“Seed Services”) filed a motion seeking

4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

a temporary restraining order and a preliminary injunction against Defendants Winsor Grain,

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

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Inc., and William L. Cook (the “Motion”).

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2.

On March 9, 2012, the court entered its Order re: Temporary Restraining Order.

That Order set the following relevant deadlines and dates:

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March 19, 2012, at 4:00 p.m.: deadline for Defendants to file any responsive

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papers to the Motion.

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March 21, 2012, at 4:00 p.m.: deadline for Plaintiff to file any reply papers

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regarding the Motion.

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March 26, 2012, at 1:30 p.m.: Hearing on the motion for preliminary

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injunction.

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3.

Plaintiff’s counsel has a previously-scheduled hearing in Riverside California

that would make it impossible for him to attend the hearing on March 26.

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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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1.

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The deadlines and dates set by the court’s March 9, 2012, Order re: Temporary

Restraining Order are to be vacated, and the following deadlines and hearing dates set:

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March 26, 2012, at 4:00 p.m.: deadline for Defendants to file any responsive

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papers to the Motion.

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March 28, 2012, at 4:00 p.m.: deadline for Plaintiff to file any reply papers

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regarding the Motion.

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April 2, 2012, at 1:30 p.m.: Hearing on the motion for preliminary injunction.
10cv2185.stipo.Seed Services Cont Hgr on Prelim
Injunction.doc

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STIPULATION

2.

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In all other respects the court’s March 9, 2012, Order re: Temporary Restraining

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Order is to remain in effect until the date of the hearing on the motion for preliminary

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injunction.

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IT IS SO STIPULATED.

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Dated: _3/16/12________
GILMORE WOOD VINNARD & MAGNESS

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By: __/s/ Scott L. Jones__________________

4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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

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DAVID MALCOLM GILMORE
SCOTT L. JONES

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Dated: _3/16/12________
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

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ORDER

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IT IS SO ORDERED.

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Dated: March 16, 2012

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CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Sig nature-END:

0m8i788

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10cv2185.stipo.Seed Services Cont Hgr on Prelim
Injunction.doc

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STIPULATION