Foster Poultry Farms v. Alkar-Rapidpak-MP Equipment, Inc.
Filing
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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)
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)
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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
FOSTER POULTRY FARMS,
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Plaintiff,
vs.
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ALKAR-RAPIDPAK-MP EQUIPMENT, INC.
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Defendants.
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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
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ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT
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The Court, having considered the Parties’ Stipulation to Extend Time for Plaintiff to File First
2 Amended Complaint, which stated as follows:
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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:
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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;
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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;
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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;
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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;
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WHEREAS, Defendant believes that there is no basis for a motion for reconsideration and
18 accordingly intends to oppose Plaintiff’s motion for reconsideration;
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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;
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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:
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-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
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2 (10) days after the Court issues its order on Plaintiff’s motion for reconsideration.
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5 IT IS SO ORDERED.
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Dated: June 20, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
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-2ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED
COMPLAINT
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