Foster Poultry Farms v. Alkar-Rapidpak-MP Equipment, Inc.

Filing 20

STIPULATION and ORDER to Continue Hearing on Defendant's 10 Motion to Dismiss signed by Chief Judge Anthony W. Ishii on 3/4/2011. Motion to Dismiss Hearing set for 4/11/2011 at 01:30 PM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Plaintiff's Opposition due by 3/21/2011; Defendant's Reply due by 4/4/2011. (Sant Agata, S)

1 Michael L. Resch (SBN 202909) Email: [e-mail] 2 Andrea M. Weiss (252429) Email: [e-mail] 3 HOWREY LLP 550 South Hope Street, Suite 1100 4 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] 6 George S. Arata (SBN 068631) ARATA, SWINGLE, SODHI & VAN EGMOND 7 912 11th Street, First Floor Modesto, CA 95354 8 Telephone: [phone] Facsimile: [phone] 9 Attorneys for Plaintiff FOSTER POULTRY FARMS 10 11 12 13 14 15 FOSTER POULTRY FARMS, 16 17 vs. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:11-CV-00030-AWI-SMS ORDER GRANTING STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS Current Hearing Date: Requested Hearing Date: Time: Courtroom: March 21, 2011 April 11, 2011 1:30 p.m. 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION

18 ALKAR-RAPIDPAK-MP EQUIPMENT, INC. and DOES 1-10, 19 Defendants. 20 21 22 23 24 25 26 27 28
HOWREY LP

Presiding: Hon. Anthony H. Ishii Action Filed: December 13, 2010 Trial Date: None Set

[PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS
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1

The Court having considered Parties Joint Stipulation to Continue Case Management

2 Conference and Hearings on Defendants' Demurrers, which stated as follows: 3 Plaintiff Foster Poultry Farms ("Plaintiff") and Defendant Alkar-RapidPak-MP Equipment, Inc.

4 ("Defendant") (collectively referred to herein as the "Parties") hereby agree and stipulate as follows: 5 WHEREAS, Defendant's Motion to Dismiss Plaintiff's Complaint is scheduled for hearing

6 before this Court on March 21, 2011; 7 WHEREAS, due to the schedules of Plaintiff's counsel, Plaintiff requested Defendant agree to

8 continue the current hearing date of March 21, 2011 on Defendant's Motion to Dismiss; 9 WHEREAS, the Parties agree to a three-week continuance of the hearing on Defendant's

10 Motion to Dismiss from March 21, 2011 to April 11, 2011, or a day thereafter that is convenient for the 11 Court; 12 WHEREAS, the Parties agree that Plaintiff's new deadline to file its Opposition to Defendant's

13 Motion to Dismiss is March 21, 2011 and Defendant's new deadline to file its Reply in support of 14 Defendant's Motion to Dismiss is April 4, 2011; and 15 WHEREAS, this is the first request for a continuance of the hearing on Defendant's Motion to

16 Dismiss; 17 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the

18 PARTIES, through their undersigned counsel of record, subject to the approval of the Court, as 19 follows: 20 21 22 and 23 24 25 26 27 28
HOWREY LLP

1. 2.

The hearing on Defendant's Motion to dismiss is continued to April 11, 2011; Plaintiff shall file its Opposition to Defendant's Motion to Dismiss by March 21, 2011;

-2[PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS
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1 2 2011. 3 4 5

3.

Defendant shall file its Reply in support of Defendant's Motion to Dismiss by April 4,

IT IS SO ORDERED.

6 Dated: March 4, 2011
DEAC_Signature-END:

CHIEF UNITED STATES DISTRICT JUDGE

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

0m8i788

-3[PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS
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