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

Filing 28

STIPULATION AND ORDER 26 to Extend Deadline for ADR Session. Signed by Judge Ronald M. Whyte on 8/25/09. (jg, COURT STAFF) (Filed on 8/25/2009)

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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]
*E-FILED - 8/25/09*

Attorneys for Plaintiffs Fresh Start Advantage, Inc. and Fresh Kist Produce, LLC UNITED STATES DISTRICT COURT

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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 STIPULATION & REQUEST TO EXTEND DEADLINE FOR ADR SESSION AND ORDER

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 Court extend the deadline to October 30, 2009 to hold an ADR session. The parties wish to mediate this dispute and expect the mediation to be productive; however, the deadline for completing the mediation was on July 19, 2009.

Stipulation & Request to Extend Deadline for ADR ­ Case No. C 08-03697 RMW ­ Page 1

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2009.

The parties are working with the Court's ADR staff to appoint a new mediator, after which they will promptly schedule a mediation session. They expect that the mediation will be completed by October 30, 2009. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: August 12, 2009 RYNN & JANOWSKY, LLP

By:

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

Date: August 12, 2009

LAW OFFICE OF CLYDE C. PEARCE

By:

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

IT IS SO ORDERED. The deadline for the ADR session is extended to October 30,

Date: August 25, 2009

____________________________________ U.S. DISTRICT COURT JUDGE

Stipulation & Request to Extend Deadline for ADR ­ Case No. C 08-03697 RMW ­ Page 2