USA v. Heath, et al

Filing 88

STIPULATION and ORDER 86 signed by Senior Judge Edward J. Garcia on 8/13/2009 ORDERING 85 Motion to Reopen case and for Entry of Judgment: Motion Hearing reset for 10/16/2009 at 10:00 AM in Courtroom 8 (EJG) before Senior Judge Edward J. Garcia. (Reader, L)

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JAMES T. FREEMAN - 53554 GOLDSBERRY, FREEMAN & GUZMAN, LLP 777 12th Street, Suite 250 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant/Counter-Claimant Daniel G. Heath

IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Pursuant to Local Rule 6-144(a), plaintiff United States of America and defendant Daniel G. 25 Heath, by and through their respective counsel, request that the hearing date for plaintiff's Motion to 26 Reopen Case and for Entry of Judgment which was filed July 30, 2009, be continued from September 27 4, 2009, until October 16, 2009. 28 1 _________________________________________________________________________________
S T I P U L A T I O N TO CONTINUE HEARING DATE

UNITED STATES OF AMERICA,

) ) Plaintiff, ) ) v. ) ) DANIEL G. HEATH, JOHN P. HEATH, and ) MARY C. HEATH, Individually and dba OLE ) ARABIANS, a General Partnership, ) ) Defendants. ) ______________________________________ ) ) DANIEL G. HEATH, JOHN P. HEATH and ) MARY C. HEATH, ) ) Counter-claimants, ) ) v. ) ) UNITED STATES OF AMERICA, ) ) Counter-defendant. ) ______________________________________ )

CASE NO. 2:90-cv-01585-EJG-JFM STIPULATION TO CONTINUE THE HEARING DATE FOR PLAINTIFF'S MOTION TO REOPEN CASE AND FOR ENTRY OF JUDGMENT & ORDER ____________________________________

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Dated: August 13, 2009.

GOLDSBERRY, FREEMAN & GUZMAN, LLP

By:

/s/ James T. Freeman JAMES T. FREEMAN Attorney for Defendant Daniel G. Heath

Dated: August 13, 2009. 6 7 8

LAWRENCE G. BROWN UNITED STATES ATTORNEY

By: 9 10 11 12

/s/ Kurt A. Didier KURT A. DIDIER ASSISTANT U.S. ATTORNEY Attorney for Plaintiff United States of America

ORDER 13 IT IS SO ORDERED that the hearing date with respect to plaintiff's Motion to Reopen Case 14 and for Entry of Judgment is continued from September 4, 2009, until October 16, 2009, at 10:00 a.m. 15 16 Dated: August 13, 2990 17 18 19 20 21 22 23 24 25 26 27 28 2 _________________________________________________________________________________
S T I P U L A T I O N TO CONTINUE HEARING DATE

/s/ Edward J. Garcia EDWARD J. GARCIA UNITED STATES DISTRICT JUDGE

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Case Title: United States of America v. Heath, et al. Case Number: 2:90-cv-01585-EJG-JFM PROOF OF SERVICE

3 4 5 6 7 On the date below, I served the foregoing document(s) described as: 8 9 10 11 12 13 14 XX 15 16 17 18 19 20 21 22 23 Executed August 13, 2009, at Sacramento, California. 24 25 26 27 28 /s/ Diane Oliver Diane Oliver I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I declare that I am employed in the offices of a member of the bar of this court at whose direction the service was made. (VIA FACSIMILE) I caused such document to be sent via facsimile to the abovelisted facsimile number(s) and thereafter caused a copy to be placed in the United States mail at Sacramento, California. (BY FEDERAL EXPRESS/GOLDEN STATE OVERNIGHT) I caused such envelope with fees prepaid thereon to be delivered via Federal Express/Golden State Overnight from Sacramento, California. (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Sacramento, California. (PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee(s). Kurt A. Didier John F. Gisla U.S. Attorney's Office 501 I Street, Suite 10-100 Sacramento, CA 95814 John P. Heath Mary C. Heath Route 1 Box 103-B Maricopa, CA 93252 STIPULATION TO CONTINUE THE HEARING DATE FOR PLAINTIFF'S MOTION TO REOPEN CASE AND FOR ENTRY OF JUDGMENT on the interested parties in this action by placing true copies thereof enclosed in a sealed envelope addressed as follows: I am a citizen of the United States and am employed in the County of Sacramento, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 777 Twelfth Street, Suite 250, Sacramento, California 95814. I am familiar with the business practices of the Law Offices of Goldsberry, Freeman & Guzman, LLP for collecting and processing mail and know that the mail in said offices is collected and processed on the same date as indicated below. I declare that I am employed in the offices of a member of the bar of this court at whose direction the service was made.