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

Filing 35

ORDER GRANTING Stipulation to Extend Time for Plaintiff to File First Amended Complaint, signed by Chief Judge Anthony W. Ishii on 6/20/11: Plaintiff's deadline to file an amended complaint shall be CONTINUED from June 29, 2011 to ten (10) days after the Court issues its order on Plaintiff's motion for reconsideration. (Hellings, J)

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1 Michael L. Resch (SBN 202909) Email: mresch@mayerbrown.com 2 Andrea M. Weiss (SBN 252429) Email: aweiss@mayerbrown.com 3 MAYER BROWN LLP 350 South Grand Avenue, Suite 2500 4 Los Angeles, CA 90071 Telephone: (213) 229-9500 5 Facsimile: (213) 625-0248 6 Attorneys for Plaintiff FOSTER POULTRY FARMS 7 (Additional counsel listed in concurrentlyfiled stipulation) 8 Lance A. Etcheverry (SBN 199916) 9 Email: lance.etcheverry@skadden.com Dolly K. Hansen (SBN 254826) 10 Email: dolly.hansen@skadden.com 11 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue 12 Los Angeles, CA 90071 Telephone: (213) 687-5000 13 Facsimile: (213) 687-5600 14 Attorneys for Defendant 15 ALKAR-RAPIDPAK-MP EQUIPMENT, INC 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 19 FRESNO DIVISION FOSTER POULTRY FARMS, 20 21 Plaintiff, vs. 22 ALKAR-RAPIDPAK-MP EQUIPMENT, INC. 23 and DOES 1-10, 24 25 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) No. 1:11-CV-00030-AWI-SMS ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT Presiding: Hon. Anthony H. Ishii Action Filed: December 13, 2010 Trial Date: None Set 26 27 28 ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT 1 The Court, having considered the Parties’ Stipulation to Extend Time for Plaintiff to File First 2 Amended Complaint, 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, on June 8, 2011, the Court issued an order granting Defendant’s Motion to 6 Dismiss Plaintiff’s complaint and allowing Plaintiff leave to amend as to the First, Second, Third, and 7 Fifth causes of action; 8 WHEREAS, the Court’s June 8, 2011 Order provided that Plaintiff must file any amended 9 complaint within twenty-one (21) days of the filing of the Order, such that the amended complaint is 10 currently due June 29, 2011; 11 WHEREAS, in granting Defendant’s motion to dismiss Plaintiff’s First, Second, and Third 12 causes of action, the Court determined, among other things, that those claims were time-barred 13 pursuant to California Commercial Code Section 2725; 14 WHEREAS, Plaintiff respectfully contends that the Court’s application of California 15 Commercial Code Section 2725 in this was case was in error and intends to file a motion for 16 reconsideration, which will be set for hearing on August 15, 2011; 17 WHEREAS, Defendant believes that there is no basis for a motion for reconsideration and 18 accordingly intends to oppose Plaintiff’s motion for reconsideration; 19 WHEREAS, for efficiency and practicability reasons and to ease the burden on the Court, the 20 parties agree that the motion for reconsideration should be decided before Plaintiff is required to file 21 any amended complaint, so that among other things Defendant is not forced to file a motion to dismiss 22 the amended complaint before the Court rules on the motion for reconsideration; 23 24 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the 25 Parties, through their undersigned counsel of record, subject to the approval of the Court, as follows: 26 27 28 -1ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT Plaintiff’s deadline to file an amended complaint shall be continued from June 29, 2011 to ten 1 2 (10) days after the Court issues its order on Plaintiff’s motion for reconsideration. 3 4 5 IT IS SO ORDERED. 6 7 Dated: June 20, 2011 CHIEF UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 8 0m8i788 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT

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