Gerawan Farming, Inc. v. Rehrig Pacific Company

Filing 19

STIPULATION and ORDER to Continue Hearing on Defendant's MOTION to DISMISS 11 , signed by District Judge Lawrence J. O'Neill on 1/10/12: Motion Hearing CONTINUED to January 24, 2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Hellings, J)

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1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP JILL M. PIETRINI (CA Bar No. 138335) jpietrini@sheppardmullin.com 2 1901 Avenue of the Stars, 16th Floor 3 Los Angeles, California 90067 Telephone: (310) 228-3700 Facsimile: (310) 228-3701 4 5 SHANNON S KING (CA Bar No. 233386) sking@sheppardmullin.com Four Embarcadero Center, 17th Floor 6 San Francisco, California 94111 7 Telephone: (415) 434-9100 Facsimile: (415) 434-3947 8 Attorneys for Plaintiff 9 GERAWAN FARMING, INC. 10 11 UNITED STATES DISTRICT COURT 12 EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION 13 14 Gerawan Farming, Inc., Plaintiff, 15 16 Case No. 11-cv-01273-LJO-BAM STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS v. 17 Rehrig Pacific Company, and Does 1-10, inclusive,, 18 Date: Time: Ctrm.: Judge.: Defendants. 19 January 17, 2012 8:30 a.m. 4 (7th Floor) Hon. Lawrence J. O'Neill Complaint Filed: Trial Date: 20 July 29, 2011 Not set 21 22 Pursuant to Local Rule 230(f), plaintiff Gerawan Farming, Inc. ("Gerawan") and defendant 23 Rehrig Pacific Company ("Rehrig") hereby stipulate, subject to the Court's approval, that the 24 hearing on Defendant's Motion to Dismiss currently set for January 17, 2012 at 8:30 a.m. be 25 continued to January 24, 2012 at 8:30 a.m. 26 On December 9, 2011, Defendant filed a Motion to Dismiss noticed for hearing on January 27 17, 2012, at 8:30 a.m. [Docket No. 11.] Plaintiff filed its opposition brief on January 3, 2012. 28 [Docket No. 16.] -1- 1 The parties request a continuance of the hearing on the Defendant's Motion to Dismiss for 2 scheduling reasons and unanticipated travel conflicts. The parties also note that the principals 3 have recently agreed to meet in-person on January 23, 2012, and discuss this matter. This is the 4 first extension of the Hearing on Defendant's Motion to Dismiss requested. 5 IT IS HEREBY STIPULATED by and between plaintiff and defendant, pursuant to Local 6 Rule 230(f), that the hearing on Defendant's Motion to Dismiss be continued to January 24, 2012 7 at 8:30 a.m. Defendant may file its reply not less than seven days preceding the date of such 8 continued hearing, pursuant to Local Rule 230(d). 9 10 11 Dated: January 10, 2012 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By /s/ Shannon S. King Shannon S. King 12 Attorneys for Plaintiff Gerawan Farming, Inc. 13 14 15 16 Dated: January 10, 2012 SLATER HERSEY & LIEBERMAN LLP By /s/ Jonathan P. Hersey (as authorized on 1/10/2012) Jonathan P. Hersey 17 Attorneys for Defendant Rehrig Pacific Company 18 19 20 21 22 ORDER 23 24 Pursuant to its practice, this Court will consider defendant’s motion to dismiss on the 25 record and: 26 1. VACATES the January 17, 2012 hearing; and 27 2. ORDERS defendants, no later than January 17, 2012, to file and serve reply papers 28 W02-WEST:5SSK1\404488545.2 -2- 1 3. with points and authorities limited to no more than 10 pages. 2 3 4 5 6 7 IT IS SO ORDERED. /s/ Lawrence J. O’Neill January 10, 2012 Dated: UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 8 9 66h44d 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 W02-WEST:5SSK1\404488545.2 -3-

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