McFarland v. Almond Board of California et al

Filing 16

STIPULATION and ORDER 15 signed by Judge John A. Mendez on 1/29/13 ORDERING that the filing of the Joint Status Report is postponed until the Court makes a ruling on Defendants' Petition to Compel Arbitration and Joinder in Petition to Compe l Arbitration. In the event the Court denies either the Petition to Compel Arbitration or the Joinder in Petition to Compel Arbitration or both, the parties will meet and confer and file a Joint Status Report within 21 days of the Court's final order. (Kastilahn, A)

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Galen T. Shimoda (Cal. State Bar No. 226752)
Jennet F. Zapata (Cal. State Bar No. 277063)
Shimoda Law Corp.
9401 East Stockton Blvd., Suite 200
Elk Grove, CA 95624
Telephone: [phone];
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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Attorneys for Plaintiff SUSI MCFARLAND
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Howard A. Sagaser (Cal. State Bar No. 72492)
Atkinson, Andelson, Loya, Ruud & Romo
5260 N Palm Ave., Suite 300
Fresno, CA 93704
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant ALMOND BOARD OF CALIFORNIA

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Please refer to signature page for additional parties

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SUSI MCFARLAND,
Plaintiff,

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vs.

Case No.: 2:12-CV-02778-JAM-CKD
STIPULATION AND ORDER
REGARDING FILING OF JOINT
STATUS REPORT

ALMOND BOARD OF CALIFORNIA; TIM
BIRMINGHAM, an individual, and DOES 1
to 100, inclusive,
Defendants.

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WHEREAS, on November 13, 2012, the Court ordered the parties to meet and confer
and submit a Joint Status Report within 60 days of service of the complaint on any party; and

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WHEREAS, on January 14, 2013, Defendant ALMOND BOARD OF CALIFORNIA
filed a Petition to Compel Arbitration and To Stay Entire Action (“Petition to Compel

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Arbitration”), and requested that a hearing on the matter be held on April 3, 2013 at 9:30 a.m.
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in Courtroom 6; and

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____________________________________________________________________________________________
STIPULATION REGARDING FILING OF JOINT STATUS REPORT
Case No.: 2:12-cv-02778-JAM-CK

WHEREAS, on January 17, 2013, Defendant TIM BIRMINGHAM filed a Joinder in

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Defendant ALMOND BOARD OF CALIFORNIA’s Petition to Compel Arbitration (“Joinder

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in Petition to Compel Arbitration”); and
WHEREAS, the parties mutually wish to defer submitting the Joint Status Report until

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a date after the Court makes a ruling on the Petition to Compel Arbitration and Joinder in

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Petition to Compel Arbitration,

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows:

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The parties, by and through their attorneys of record, agree to postpone the filing of the

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Joint Status Report until the Court makes a ruling on Defendants’ Petition to Compel
Arbitration and Joinder in Petition to Compel Arbitration. In the event the Court denies either
the Petition to Compel Arbitration or the Joinder in Petition to Compel Arbitration or both, the
parties will meet and confer and file a Joint Status Report within 21 days of the Court’s final
order.
DATED: January 28, 2013

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By: /s/ Galen T. Shimoda
Galen T. Shimoda
Attorney for Plaintiff SUSI MCFARLAND

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Shimoda Law Corp.

DATED: January 26, 2013

Atkinson, Andelson, Loya, Ruud & Romo

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By: /s/ Howard A. Sagaser
Howard A. Sagaser (Cal. State Bar No.72492)
(As authorized on January 26, 2013)
Attorney for Defendant ALMOND BOARD
OF CALIFORNIA

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DATED: January 28, 2013

Prout LeVangie

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By: /s/ Michael Baytosh
Michael Baytosh (Cal. State Bar No.176189)
(As authorized on January 28, 2013)
Attorney for Defendant TIM BIRMINGHAM
Prout LeVangie
2021 N Street
Sacramento, CA 95811
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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____________________________________________________________________________________________
STIPULATION REGARDING FILING OF JOINT STATUS REPORT
Case No.: 2:12-cv-02778-JAM-CK

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IT IS SO ORDERED.

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Dated: 1/29/2013

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/s/ John A. Mendez____________
John A. Mendez
U.S. DISTRICT COURT JUDGE

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____________________________________________________________________________________________
STIPULATION REGARDING FILING OF JOINT STATUS REPORT
Case No.: 2:12-cv-02778-JAM-CK