Gonzalez v. Harris Ranch Beef Company et al

Filing 34

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 8/19/2014 modifying briefing schedule re 27 MOTION to DISMISS. (Opposition Filing Deadline: 9/15/2014; Reply Filing Deadline: 9/29/201; Motion Hearing reset for 10/6/2014 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill). (Lundstrom, T)

1 Wanger Jones Helsley PC
Oliver W. Wanger, #40331
2
[e-mail]
Jay A. Christofferson, #203878
3
[e-mail]
265 E. River Park Circle, Suite 310
4 Fresno, California 93720
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for HARRIS RANCH BEEF
COMMPANY, HARRIS RANCH BEEF
7 HOLDING COMPANY and HARRIS FARMS,
INC.
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
FRESNO DIVISION
11
12 JOSE GONZALEZ, on behalf of himself and
all others similarly situated,
13
Plaintiff,
14
v.
15
HARRIS RANCH BEEF COMPANY, a
16 California corporation; HARRIS RANCH
BEEF HOLDING CMPANY, a California
17 corporation; HARRIS FARMS, INC., a
California corporation; and DOES 2 through
18 10, inclusive,
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20
21

Defendants.

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STIPULATION AND ORDER TO
MODIFY BRIEFING SCHEDULE
Judge:
Date:
Time:
Crtrm.:

Hon. Lawrence J. O’Neill
October 6, 2014
8:30 a.m.
4

Complaint Filed:
December 4, 2013
Cross-Complaint Filed: June 2, 2014
Trial Date:

TBD

HARRIS FARMS, INC., a California
corporation,

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23

Case No. 1:14-cv-00038-LJO-SAB

Cross-Complainant,
v.
SPRINGER-MILLER SYSTEMS,INC., a
Vermont corporation and DOES 1-20,
inclusive,
Cross-Defendants.

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{7220/006/00488827.DOCX}

1:14-cv-00038-LJO-SAB
STIPULATION AND ORDER TO MODIFY BRIEFING SCHEDULE

1

Pursuant to Civil Local Rules 143 and 230, Defendant and Cross-Claimant, Harris Farms, Inc.

2 (“Harris Farms”) and Cross-Defendant, PAR Springer-Miller Systems, Inc. (“PAR Springer-Miller”)
3 (Harris Farms and PAR Springer-Miller collectively “the Parties”), stipulate and agree as follows:
4

WHERAS, Plaintiff Jose Gonzalez filed a putative class action lawsuit against Harris Farms on

5 December 4, 2013;
6

WHEREAS, Harris Farms subsequently filed a cross-complaint against PAR Springer-Miller

7 on June 2, 20014;
8

WHEREAS, PAR Springer-Miller filed its Motion to Dismiss the Cross-Complaint pursuant to

9 Federal Rule of Civil Procedure 12(b)(6) on July 29, 29, 2014;
10

WHEREAS, par Springer-Miller initially scheduled a hearing on its Motion for August 28,

11 2014;
12

WHEREAS, Civil Local Rules 143 and 230 collectively allow the parties to jointly request the

13 Court to continue the hearing and modify the briefing schedule accordingly;
14

WHEREAS, counsel for the Parties stipulated to continue the Motion to Dismiss hearing once

15 before on August 4, 2014 to September 11, 2014;
16

WHEREAS, counsel for Harris Farms recently substituted into this action, replacing prior

17 counsel, Weintraub Tobin Chediak Coleman Grodin;
18

WHEREAS, counsel for the Parties agree that changing the date and briefing schedule for the

19 hearing will be more convenient for the Parties and will give new counsel for Harris Ranch an
20 opportunity to prepare the necessary opposition;
21

NOW THEREFORE, the Parties agree and request that the hearing be continued until October

22 6, 2014, at 8:30 a.m., that Harris Farms’ deadline to file its opposition to the Motion be set to
23 September 15, 2014, and that PAR Springer-Miller’s deadline to file its reply be set to September 29,
24 2014.
25 / / /
26 / / /
27 / / /
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{7220/006/00488827.DOCX}

PROOF OF SERVICE

1

IT IS SO STIPULATED:

2 Dated: August 19, 2014

WANGER JONES HELSLEY PC

3

7

By: /s/ Jay A. Christofferson _________________
Oliver W. Wanger
Jay A. Christofferson
Attorneys for HARRIS RANCH BEEF
COMMPANY, HARRIS RANCH BEEF
HOLDING COMPANY and HARRIS FARMS,
INC.

8 Dated: August 19, 2014

COOLEY LLP

4
5
6

9
By: /s/ David Houska ______________________
Whitty Somvichian
David Houska
Attorneys for PAR-SPRINGER-MILLER
SYSTEMS, INC.

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13

ORDER

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15

IT IS SO ORDERED:

16

As Harris Ranch has recently substituted its counsel, the hearing on PAR Springer-Miller’s

17 Motion to Dismiss the Cross-Complaint be continued until October 6, 2014, at 8:30 a.m., that Harris
18 Farms’ deadline to file its opposition to the Motion be set at September 15, 2014, and that PAR
19 Springer-Miller’s deadline to file its reply be set to September 29, 2014.
20 Dated: August 19, 2014
/s/ Lawrence J. O’Neill
United States District Judge

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{7220/006/00488827.DOCX}

PROOF OF SERVICE