National Labor Relations Board v. Crown Natural Foods et al

Filing 25

STIPULATION and ORDER TO RESET MOTION HEARING as to 9 MOTION Reissue Order To Show Cause : Motion Hearing is RESET from 7/2/2010 to 9/10/2010 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 6/22/2010. (Hernandez, M)

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
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Anthony Raimondo, # 200387 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant CROWN NATURAL FOODS, CALIFORNIA BIOPRODUCTEX, INC. and DR. LEOPOLD WIERZBICKI

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

NATIONAL LABOR RELATIONS BOARD, Applicant, v. CROWN NATURAL FOODS; BIOPRODUCTEX, INC. and DR. LEOPOLD WIERZBICKI, Respondents.

Case No. 1:10mc0015 DLB JOINT STIPULATION TO EXTEND THE HEARING DATE AND BRIEFING SCHEDULE ON PLAINTIFF'S ORDER REQUIRING OBEDIENCE TO SUBPOENAS DUCES TECUM AND SUBPOENAS AD TESTIFICANDUM

IT IS HEREBY STIPULATED by and between Applicant THE NATIONAL LABOR RELATIONS BOARD, by and through its attorneys of record and Respondents CROWN NATURAL FOODS, BIO-PRODUCTEX, INC. and DR. LEOPOLD WIERZBICKI, by and through their attorneys of record, McCormick, Barstow, Sheppard, Wayte & Carruth, as follows: 1. That the July 2, 2010 hearing date presently scheduled with the Court on the

Application to Require Obedience be continued for approximately 60 days and rescheduled for September 10, 2010. 2. That the briefing schedule be extended to coincide with the September 10, 2010

hearing date so that Respondent's Answer is due on or before August 27, 2010 and Applicant's Reply, if any, is due on or before September 3, 2010.
JOINT STIPULATION TO EXTEND HEARING AND BRIEFING SCHEDULE CASE NO. 1:10MC0015 DLB

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
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

3.

The parties have jointly stipulated to the continuance described above and

respectfully request that the Court issue an Order granting said continuance for the following reasons: Applicant has issued a total of six subpoenas and sought intervention by the District Court through an Application for Order Requiring Obedience to Subpoenas filed on or about March 23, 2010. The Court issued an Order to Show Cause on March 31, 2010, requiring Respondents' to file an Answer by April 23, 2010, and setting the hearing for May 14, 2010. Several extensions have been granted while the parties attempt to meet and confer regarding certain objections Respondents have to the subpoenas, as well as, coordinate a suitable schedule for testimony of the Respondent WIERZBICKI to be taken pursuant to the subpoenas ad testificandum. The parties have reached a resolution and the relevant documents and testimony will be provided. If both parties uphold their side of the agreements, the instant hearing on the Application for Order Requiring Obedience to Subpoenas will be moot. It is hereby stipulated and agreed, as stated above, that the currently scheduled date for the hearing on Application for Order Requiring Obedience to Subpoenas on July 2, 2010 is vacated and continued until September 10, 2010 at 9:00 a.m., in the above-entitled Court.

2
JOINT STIPULATION TO EXTEND HEARING AND BRIEFING SCHEDULE CASE NO. 1:10MC0015 DLB

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
MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Dated: June 18, 2010

By: _____/s/ Catherine Ventola____ Catherine Ventola NATIONAL LABOR RELATIONS BOARD Dated: June 18, 2010 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By: ________/s/ Anthony Raimondo_____ Anthony Raimondo Attorneys for Defendant CROWN NATURAL FOODS; CALIFORNIA BIO-PRODUCTEX, INC.; DR. LEOPOLD WIERZBICKI

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

June 22, 2010

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

3
JOINT STIPULATION TO EXTEND HEARING AND BRIEFING SCHEDULE CASE NO. 1:10MC0015 DLB