Fresh Start Advantage, Inc. et al v. Tamagni et al

Filing 24

ORDER 23 to Continue Case Management Conference: Case Management Conference set for 8/28/2009 10:30 AM. Signed by Judge Ronald M. Whyte on 6/11/09. (jg, COURT STAFF) (Filed on 6/11/2009)

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Marion I. Quesenbery, Cal. SBN 072308 RYNN & JANOWSKY, LLP P.O. Box 20799 Oakland, CA 94620 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiffs Fresh Start Advantage, Inc. and Fresh Kist Produce, LLC

*E-FILED - 6/11/09*

UNITED STATES DISTRICT COURT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 v. JOHN D. TAMAGNI, an individual, and ROBERT ELLIOTT, an individual, Defendants. Plaintiffs Fresh Start Advantage, Inc. and Fresh Kist Produce, LLC and Defendants John D. Tamagni and Robert Elliott respectfully request that the Case Management Conference and the associated dates be continued for 60 days. The parties requested that the matter be sent to mediation, and the mediation session is now set for June 30, 2008, before mediator Suzanne K. Nusbaum. FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION FRESH START ADVANTAGE, INC., a corporation; and FRESH KIST PRODUCE, LLC, a limited liability company, Plaintiffs, CASE NO. C 08-03697 RMW ORDER TO CONTINUE CMC CMC Date: June 12, 2009 CMC Time: 10:30 a.m. CMC Place: Ctrm. 6, 4th Floor 280 S. First St., San Jose

CMC Statement & Request to Continue CMC ­ Case No. C 08-03697 RMW ­ Page 1

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In sum, Plaintiffs and Defendants respectfully request that the Case Management Conference be continued for 60 days to allow Defendants and Plaintiffs to mediate ­ and hopefully resolve ­ this dispute. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: June 5, 2009 RYNN & JANOWSKY, LLP

By:

/s/ Marion I. Quesenbery MARION I. QUESENBERY Attorneys for Plaintiffs

Date: June 5, 2009

LAW OFFICE OF CLYDE C. PEARCE

By:

/s/ Clyde C. Pearce CLYDE C. PEARCE Attorney for Defendants

CMC Statement & Request to Continue CMC ­ Case No. C 08-03697 RMW ­ Page 2

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IT IS SO ORDERED. The Case Management Conference is continued to

August 28, 10:30 a.m. ___________________2009, at __________ , in Courtroom 6, 4th Floor, San Jose,
California.

11 Date: June __, 2009
____________________________________ U.S. DISTRICT COURT JUDGE

CMC Statement & Request to Continue CMC ­ Case No. C 08-03697 RMW ­ Page 3