Hoffman Brothers Harvesting, Inc. et al v. County of San Joaquin et al

Filing 15

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 1/7/2021 CONTINUING the 6 Motion to Dismiss Hearing to 2/18/2021 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Tupolo, A)

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1 2 3 4 Mark E. Merin (State Bar No. 043849) LAW OFFICE OF MARK E. MERIN 1010 F Street, Suite 300 Sacramento, California 95814 Telephone: (916) 443-6911 Facsimile: (916) 447-8336 E-Mail: mark@markmerin.com 5 6 7 8 9 10 11 12 13 14 15 Attorney for Plaintiffs HOFFMAN BROTHERS HARVESTING, INC., PAUL D. HOFFMAN & SONS, RONALD E. HOFFMAN, and CARL R. HOFFMAN DEREK P. COLE, Bar No. 204250 dcole@colehuber.com RONALD J. SCHOLAR, Bar No. 187948 rscholar@colehuber.com COLE HUBER LLP 2281 Lava Ridge Court, Suite 300 Roseville, California 95661 Telephone: (916) 780-9009 Facsimile: (916) 780-9050 Attorneys for Defendants COUNTY OF SAN JOAQUIN, DAVID KWONG, and JUANITA M. HUERTA 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 SACRAMENTO DIVISION 19 HOFFMAN BROS. HARVESTING, INC., et al., 20 Case No. 2:20-cv-00660-TLN-AC Plaintiffs, 21 vs. 22 JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS; ORDER COUNTY OF SAN JOAQUIN, et al., 23 24 Defendants. Pursuant to E.D. Cal. L.R. 230(f), the parties—Plaintiffs Hoffman Brothers Harvesting, Inc., Paul 25 D. Hoffman & Sons, Ronald E. Hoffman, and Carl R. Hoffman (collectively, “Plaintiffs”) and 26 Defendants County of San Joaquin, David Kwong, and Juanita M. Huerta (collectively, “Defendants”)— 27 submit the following joint stipulation to continue the hearing date on Defendants’ pending motion to 28 dismiss (ECF No. 6). 1 JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS Hoffman Bros. Harvesting, Inc. v. County of San Joaquin, United States District Court, Eastern District of California, Case No. 2:20-cv-00660-TLN-AC 1 2 3 4 5 6 7 8 9 10 STIPULATION WHEREAS, Defendants’ pending motion to dismiss was originally noticed and scheduled for hearing on July 23, 2020 (ECF No. 6); WHEREAS, the parties jointly stipulated to continue the hearing to September 17, 2020 (ECF No. 8), and the Court granted the stipulation (ECF No. 9); WHEREAS, the parties jointly stipulated to further continue the hearing to November 12, 2020 (ECF No. 10), and the Court granted the stipulation (ECF No. 11); WHEREAS, the parties jointly stipulated to further continue the hearing to January 21, 2021 (ECF No. 12), and the Court granted the stipulation (ECF No. 13); and WHEREFORE, the parties’ counsel have discussed, and continue to discuss, potential early 11 alternative dispute resolution in this case and a further continuance of the hearing date is necessary to 12 facilitate these settlement discussions—specifically, Defendants have made a proposal to resolve the 13 parties’ dispute and, most recently, Plaintiffs have made a counter-proposal, which Defendants intend to 14 consider; 15 NOW, THEREFORE, the parties agree and stipulate that: 16 Defendants’ pending motion to dismiss, currently scheduled to be heard before this Court January 17 18 19 20 21, 2021, be CONTINUED to February 18, 2021, at 2:00 p.m. IT IS SO STIPULATED. Dated: January 6, 2021 Respectfully Submitted, LAW OFFICE OF MARK E. MERIN /s/ Mark E. Merin 21 22 By: __________________________________ Mark E. Merin 23 Attorney for Plaintiffs HOFFMAN BROTHERS HARVESTING, INC., PAUL D. HOFFMAN & SONS, RONALD E. HOFFMAN, and CARL R. HOFFMAN 24 25 26 27 28 2 JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS Hoffman Bros. Harvesting, Inc. v. County of San Joaquin, United States District Court, Eastern District of California, Case No. 2:20-cv-00660-TLN-AC 1 Dated: January 6, 2021 2 Respectfully Submitted, COLE HUBER LLP /s/ Derek P. Cole (as authorized on January 6, 2021) By: __________________________________ Derek P. Cole Ronald J. Scholar 3 4 5 Attorneys for Defendants COUNTY OF SAN JOAQUIN, DAVID KWONG, and JUANITA M. HUERTA 6 7 8 9 10 ORDER 11 12 GOOD CAUSE APPEARING, the parties’ stipulation is GRANTED. 13 Defendants’ pending motion to dismiss (ECF No. 6), currently scheduled to be heard before this 14 15 16 Court on January 21, 2021, is CONTINUED to February 18, 2021, at 2:00 p.m. IT IS SO ORDERED. Dated: January 7, 2021 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS Hoffman Bros. Harvesting, Inc. v. County of San Joaquin, United States District Court, Eastern District of California, Case No. 2:20-cv-00660-TLN-AC

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