Van Curen v. Federal Crop Insurance Corporation et al

Filing 31

STIPULATION AND ORDER TO CONTINUE HEARING ON MOTION TO DISMISS from 6/10 to 7/1/2010 at 10:00 AM re doc 30 filed by John Van Curen; Pla's opposition due by 6/10; reply by 6/18. Signed by Judge Vaughn R Walker on 5/24/2010. (cgk, COURT STAFF) (Filed on 5/24/2010)

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
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.

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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," or collectively with the 25 Plaintiff, the "Parties"), responded to the Complaint by filing the Motion To Dismiss For Failure To 26 State A Claim And For Lack Of Jurisdiction, And In The Alternative To Dismiss For Improper Venue 27 (the "Motion"), initially scheduled for hearing on January 7, 2010, and later continued by stipulation 28 between the Parties to February 25, 2010.
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 9993.969/25235

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3.

In the interim, and upon reviewing the Motion, the Plaintiff determined that it would

2 be necessary to amend the Complaint. Accordingly, on February 2, 2010, the Parties filed the 3 Stipulation To (1) Allow Filing Of Amended Complaint; And (2) Establishing Timetable For 4 Responsive Pleadings Relating Thereto; Order Thereon (the "Stipulation," Docket No. 17), whereby 5 the Parties agreed to a new timetable for pleading the controversy, and proposed April 22, 2010 as the 6 new hearing date. 7 4. Thereafter, based on the Court's requested recalendaring, the Parties again agreed to

8 continue the hearing date from April 22, 2010 until June 10, 2010 (the "Scheduled Hearing"). 9 5. Based on an additional scheduling conflict for plaintiff's counsel, and at plaintiff's

10 counsel's request, the Parties have agreed through their respective counsel, subject to Court approval, 11 to postpone the Scheduled Hearing and reset the Motion for hearing on Thursday, July 1, 2010 at
44 MONTGOMERY STREET, SUITE 1010

MEYERS LAW G ROUP, P.C.

94104

12 10:00 a.m., the next available hearing date that accommodates both parties.

The Plaintiff's

SAN FRANCISCO, CALIFORNIA

13 memorandum in opposition to the Motion shall be filed and served no later than June 9, 2010, and 14 any reply memorandum shall be filed and served by the Defendants no later than June 18, 2010. 15 6. By agreeing to this stipulation, the Defendant does not agree that a hearing is

LAW OFFICES

16 necessary or appropriate; in fact, the matter may be appropriate for decision on the papers. 17 IT IS SO STIPULATED. 18 DATED: May 17, 2010 19 20 21 22 23 24 DATED: May 17, 2010 MEYERS LAW GROUP, P.C. By /s/ Merle C. Meyers Attorneys for Plaintiff John Van Curen

JOSEPH P. RUSSONIELLO United States Attorney By /s/ Jonathan U. Lee Jonathan U. Lee Assistant United States Attorney Attorneys for Defendants Federal Crop Insurance Corporation and Risk TRIC Management Agency S DIS
UNIT ED

25 PURSUANT TO STIPULATION, IT IS SO ORDERED: 26 27 28 24 DATED: May _____, 2010

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__ ____________________________ alker ghn R W dge Vau JuVAUGHN R. WALKER HONORABLE United States ERN District JudgeC F
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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 9993.969/25235

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