Van Curen v. Federal Crop Insurance Corporation et al

Filing 15

STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS to 2/25/2010 at 10:00 AM re doc 14 filed by John Van Curen. The parties' stipulation includes an agreement to postpone the filing dates for plaintiff's opposition and defendant's reply papers to correspond to the new hearing date. Signed by Judge Vaughn R Walker on 12/30/2009. (cgk, COURT STAFF) (Filed on 12/30/2009)

1 MEYERS LAW GROUP, P.C. MERLE C. MEYERS, ESQ., CA Bar #66849 2 D. CLARKE SUGAR, ESQ., CA Bar #251681 44 Montgomery Street, Suite 1010 3 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiff John Van Curen, Trustee 6 7 8 9 10 11
44 MONTGOMERY STREET, SUITE 1010 94104

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re JOHN VAN CUREN, as Trustee of the Chapter 11 Estate of MICHAEL HAT, a/k/a MICHAEL HAT FARMING COMPANY, Plaintiff, v. FEDERAL CROP INSURANCE CORPORATION; and RISK MANAGEMENT AGENCY, Defendants. STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION AND IN THE ALTERNATIVE TO DISMISS FOR IMPROPER VENUE 1. On July 30, 2009, JOHN VAN CUREN, the plaintiff herein (the "Plaintiff") filed the Case No. CV-09-3509

MEYERS LAW G ROUP, P.C.

12 13 14 15 16 17 18 19

SAN FRANCISCO, CALIFORNIA

LAW OFFICES

20 THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS: 21

22 Complaint For Breach Of Contract And For Damages Under 7 C.F.R. § 400.96 (the "Complaint"). 23 2. On October 15, 2009, the FEDERAL CROP INSURANCE CORPORATION and the

24 RISK MANAGEMENT AGENCY, the defendants herein (the "Defendants"), responded to the 25 Complaint by filing the Motion To Dismiss For Failure To State A Claim And For Lack Of 26 Jurisdiction, And In The Alternative To Dismiss For Improper Venue (the "Motion"), which is 27 presently scheduled for hearing on Thursday, January 7, 2010 at 10:00 a.m. (the "Scheduled 28 Hearing")
1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION AND IN THE ALTERNATIVE TO DISMISS FOR IMPROPER VENUE 20044/24512

1

3.

Based on scheduling conflicts, the Plaintiff and Defendants have agreed through their

2 respective counsel, subject to Court approval, to vacate the Scheduled Hearing and reset the Motion 3 for hearing on Thursday, February 25, 2010 at 10:00 a.m., the next available hearing date on the 4 Court's schedule that accommodates both parties. The parties' stipulation includes an agreement to 5 postpone the filing dates for plaintiff's opposition and defendant's reply papers to correspond to the 6 new hearing date. 7 SO STIPULATED 8 DATED: December 17, 2009 9 10 11
44 MONTGOMERY STREET, SUITE 1010 94104

MEYERS LAW GROUP, P.C.

By

/s/ Merle C. Meyers Attorneys for Plaintiff John Van Curen

MEYERS LAW G ROUP, P.C.

12 13 14 15 16 17 18 19 20

DATED: December 17, 2009

SAN FRANCISCO, CALIFORNIA

JOSEPH P. RUSSONIELLO United States Attorney

LAW OFFICES

By

/s/ Jonathan U. Lee Jonathan U. Lee Assistant United States Attorney Attorneys for Defendants Federal Crop Insurance Corporation and Risk Management Agency

22 23 24 25 26 27 28

12/30/2009 DATED: ___________________

ER

N

F D IS T IC T O R

2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION AND IN THE ALTERNATIVE TO DISMISS FOR IMPROPER VENUE 20044/24512

A

C

LI

alker ghn R W au Judge V

FO

R NIA

TED ______________________________________ GRAN HONORABLE VAUGHN R. WALKER United States District Judge
NO

UNIT ED

S

S DISTRICT TE PURSUANT TO STIPULATION, IT IS SO ORDERED: A C T 21

RT U O

RT

H