Pybas Vegetable Seed, Co, Inc.

Filing 18

STIPULATION AND ORDER FOR EXTENSION OF DEADLINES (granting document no. 17 ). The Case Management Conference set for 4/3/2009 is CONTINUED to 5/29/2009. Signed by Judge Jeremy Fogel on 1/16/09. (jflc2, COURT STAFF) (Filed on 1/16/2009)

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DANIEL J. BERGESON, Bar No. 105439 [e-mail] CAROLINE MCINTYRE, Bar No. 159005 [e-mail] BERGESON, LLP 303 Almaden Boulevard, Suite 500 San Jose, CA 95110-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TOZER SEEDS, LTD.

**E-Filed 1/16/09**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

PYBAS VEGETABLE SEED CO., INC., a California corporation Plaintiff, vs. TOZER SEEDS, LTD., a United Kingdom corporation; and DOES 1-50 inclusive, Defendants.

Case No. 5:08-cv-02216-JF

STIPULATION AND -----------------[PROPOSED] ORDER FOR EXTENSION OF DEADLINES

Complaint Filed: April 29, 2008

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES 5:08-cv-02216-JF

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WHEREAS, the Parties previously agreed by stipulation that Tozer may have until January 23, 2009, to respond to the Complaint and that Tozer shall not be deemed to waive or release any defense it may have, including, but not limited to, lack of personal jurisdiction; and WHEREAS, the parties are currently engaged in settlement discussions and agree that the extension of certain deadlines would promote efficiency and judicial economy. IT IS HEREBY STIPULATED AND AGREED by and between the parties through their respective counsel, subject to the court's approval, that: 1. Tozer shall have an extension of time through and including March 20, 2009 to answer, move or otherwise respond to the Complaint, and that Tozer shall not be deemed to waive or release any defense it may have, including, but not limited to, lack of personal jurisdiction; 2. The last day to meet and confer regarding: initial disclosures, early settlement, ADR process selection and discovery plan is extended to April 17, 2009; 3. The last day to file a Rule 26(f) report, complete initial disclosures or state objection in a Rule 26(f) report and file Case Management Statement is extended to May 15, 2009; 4. The Initial Case Management Conference date is continued to May 29, 2009, or as soon thereafter as the court may be available. SO STIPULATED AND AGREED

Dated: January 14, 2009

BERGESON, LLP By: ____________/s/___________________ Caroline McIntyre Attorneys for Defendant TOZER SEEDS, LTD.

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES 5:08-cv-02216-JF

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Dated: January 14, 2009

LaRIVIERE, GRUBMAN & PAYNE, LLP By: /s/ Robert W. Payne

Attorneys for Plaintiff PYBAS VEGETABLE SEED CO., INC Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I, Caroline McIntyre, attest under penalty of perjury that concurrence in the filing of the document has been obtained from Robert W. Payne. ORDER Pursuant to the foregoing stipulation, and good cause appearing, IT IS HEREBY ORDERED that: 1. Tozer shall have an extension of time through and including March 20, 2009 to answer, move or otherwise respond to the Complaint, and that Tozer shall not be deemed to waive or release any defense it may have, including, but not limited to, lack of personal jurisdiction; 2. The last day to meet and confer regarding: initial disclosures, early settlement, ADR process selection and discovery plan is extended to April 17, 2009; 3. The last day to file a Rule 26(f) report, complete initial disclosures or state objection in Rule 26(f) report and file Case Management Statement is extended to May 15, 2009; 4. The Initial Case Management Conference date is continued to May 29, 2009, or as soon thereafter as the court may be available. Dated: January 162009 ,

______________________________________ The Honorable Jeremy Fogel United States District Judge

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES 5:08-cv-02216-JF

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