Van Curen v. Federal Crop Insurance Corporation et al

Filing 17

STIPULATION AND ORDER granting doc 16 filed by John Van Curen allowing filing of amended complaint on or before 2/5/2010 and establishing timetable for responsive pleadings relating thereto. Signed by Judge Vaughn R Walker on 2/2/2010. (cgk, COURT STAFF) (Filed on 2/2/2010)

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
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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. Case No. CV-09-3509

MEYERS LAW G ROUP, P.C.

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SAN FRANCISCO, CALIFORNIA

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STIPULATION TO (1) ALLOW FILING OF AMENDED COMPLAINT; AND (2) ESTABLISHING TIMETABLE FOR RESPONSIVE PLEADINGS RELATING THERETO; ORDER THEREON This stipulation is entered into by and between plaintiff JOHN VAN CUREN, as trustee (the

26 "Plaintiff"), and the defendants FEDERAL CROP INSURANCE CORPORATION and RISK 27 MANAGEMENT AGENCY (collectively, the "Defendants"), through their respective counsel of 28 record, as follows:
STIPULATION TO (1) ALLOW FILING OF AN AMENDED COMPLAINT; AND (2) ESTABLISHING TIMETABLE FOR RESPONSIVE PLEADINGS RELATING THERETO; ORDER THEREON 9993/24653

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RECITALS On July 30, 2009, the Plaintiff filed the Complaint For Breach Of Contract And For

3 Damages Under 7 C.F.R. § 400.96 (the "Complaint," docket no. 1), initiating this civil action. 4 2. On October 15, 2009, the Defendants responded to the Complaint by filing the Motion

5 To Dismiss For Failure To State A Claim And For Lack Of Jurisdiction, And In The Alternative To 6 Dismiss For Improper Venue (the "Motion," docket no. 8), and scheduled a hearing thereon for 7 January 7, 2010. 8 3. On December 17, 2009, the Plaintiff and the Defendants entered into the Stipulation

9 And [Proposed] Order To Continue Hearing On Motion To Dismiss For Failure To State A Claim 10 And For Lack And In The Alternative To Dismiss For Improper Venue (the "Stipulation," docket no. 11 14) to continue the hearing of the Motion to February 25, 2010. The Court approved the Stipulation
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94104

12 and continuance pursuant to an order (the "Order," docket no. 15) entered on December 30, 2009. 13 4. In preparing a response to the Motion, the Plaintiff has determined that the Complaint

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14 should be amended to allege additional claims for relief, and the parties hereto agree that a hearing of 15 the Motion should be postponed in order to address those new claims for relief after the Complaint 16 has been amended. 17 18 AGREEMENT NOW, THEREFORE, the Plaintiff and Defendants hereby stipulate and agree, subject to

19 approval by the above-referenced District Court, as follows: 20 21 22 23 24 25 26 27 28 A. The Plaintiff shall be allowed to file and serve an amended complaint on or before

February 5, 2010, and Defendants consent thereto and agree to accept service of the same by regular U.S. Mail and email service to their counsel of record. B. The Defendants shall file and serve either an answer to the Complaint (in which case

the Motion shall be deemed withdrawn without prejudice) or an amendment to their Motion, on or before March 17, 2010. C. In the event that the Defendants file an amended Motion, then (i) the Plaintiff shall file

and serve a response to the amended Motion on or before March 31, 2010; (ii) the Defendants may file and serve a reply thereto on or before April 7, 2010; and (iii) a hearing of the amended Motion
STIPULATION TO (1) ALLOW FILING OF AN AMENDED COMPLAINT; AND (2) ESTABLISHING TIMETABLE FOR RESPONSIVE PLEADINGS RELATING THERETO; ORDER THEREON 9993/24653

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shall be scheduled for April 22, 2010, at 10:00 a.m., or as soon thereafter as counsel may be heard, before the above-captioned District Court. MEYERS LAW GROUP, P.C.

3 DATED: January 25, 2010 4 5 6 7 8 DATED: January 26, 2010 9 10 11
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By

/s/ Merle C. Meyers Merle C. Meyers, Esq. Attorneys for the Plaintiff

JOSEPH P. RUSSONIELLO United States Attorney

By

MEYERS LAW G ROUP, P.C.

94104

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/s/ Jonathan U. Lee Jonathan U. Lee Assistant United States Attorney Attorneys for the Defendants

SAN FRANCISCO, CALIFORNIA

13 PURSUANT TO STIPULATION, IT IS SO ORDERED: 14 February 2, 2010 15 DATED: ___________________ 16 17 18 19 20 21 22 23 24 25 26 27 28

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STIPULATION TO (1) ALLOW FILING OF AN AMENDED COMPLAINT; AND (2) ESTABLISHING TIMETABLE FOR RESPONSIVE PLEADINGS RELATING THERETO; ORDER THEREON 9993/24653

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