Andrew Smith Company v. Paul's Pak Inc., et al

Filing 351

STIPULATION AND ORDER 350 to Continue Case Management Conference: Case Management Conference set for 4/1/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 3/22/11. (jg, COURT STAFF) (Filed on 3/22/2011)

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Andrew Smith Company v. Paul's Pak Inc., et al Doc. 351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effie F. Anastassiou, Esq. (SBN 96279) Karli R. Jungwirth, Esq. (SBN 227956) ANASTASSIOU & ASSOCIATES 242 Capitol Street Post Office Box 2210 Salinas, California 93902 Telephone: (831) 754-2501 Facsimile: (831) 754-0621 Attorneys for Defendants Paul's Pak, Inc., Salvador Paul Tarantino; Paul S. Tarantino, and John L. Simmons, Only, and for Counterclaimant Paul's Pak, Inc. *E-FILED - 3/22/11* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION general ) CASE NO. C-08-04802-RMW ) ) Plaintiff, ) STIPULATION TO CONTINUE STATUS ) CONFERENCE AND ORDER v. ) THEREON ) PAUL'S PAK, INC.; PREMIUM FRESH FARMS, ) LLC; PDP & ASSOCIATES, LLC; AG ) HARVESTING & TECHNOLOGIES, LLC; CV ) INVESTMENTS, LLC; ESV INVESTMENTS, ) LLC; SALVADOR PAUL TARANTINO; PAUL S. ) TARANTINO; JOHN L. SIMMONS; EMMITT L. ) PFOST; JACK PARSON; STEVEN A. CINELLI; ) JOHN D. TAMAGNI; RICHARD TAMAGNI; ) STEVE CHURCH; THOMAS CHURCH; DAVID ) GILL; CHURCH BROTHERS, LLC; and TRUE ) LEAF FARMS, LLC, ) ) Defendants. ) _________________________________________ ) ) AND RELATED MATTERS ) ) TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD: IT IS HEREBY STIPULATED by and between Plaintiff, ANDREW SMITH COMPANY ("Plaintiff" or "Andrew Smith") and Defendants, PAUL'S PAK, INC. ("Paul's Pak"), SALVADOR PAUL TARANTINO ("Sal Tarantino"), PREMIUM FRESH FARMS, LLC ("Premium Fresh"); AG HARVESTING & TECHNOLOGIES, LLC ("Ag Harvesting"); ESV INVESTMENTS, LLC ("ESV"); EMMITT L. PFOST ("Pfost"); JOHN D. TAMAGNI ("Tamagni"); ROBERT ELLIOTT ("Elliott"); JAMES S. TAMAGNI; RICHARD TAMAGNI; STEVE CHURCH; THOMAS CHURCH; DAVID GILL; Andrew Smith Company v. Paul's Pak, Inc., et al. U.S.D.C., N.D.CA., Case No. 5:08-CV-04802-RMW Stipulation to Continue Status Conference ANDREW SMITH partnership, COMPANY, a 1 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHURCH BROTHERS, LLC ("Church Brothers"); and TRUE LEAF FARMS, LLC ("True Leaf") (collectively "Defendants"), and their counsel of record that the status conference in the above captioned action be continued and in support thereof state as follows: WHEREAS, a Status Conference is currently ordered to take place on March 25, 2011 at 10:30 a.m. in order to advise the Court of the status of the below described matters; WHEREAS, bankruptcy counsel for Salvador Paul Tarantino ("Sal Tarantino") filed a Motion for Abandonment of Sal Tarantino's shares in Paul's Pak, Inc., which motion was granted on February 7, 2011, in the case of In Re Salvador P. Tarantino in the United States Bankruptcy Court, Northern District of California, Case No. 10-14430 (the "Sal Bankruptcy"), and in accordance therewith, Paul's Pak is ready to proceed with the instant litigation; WHEREAS, counsel for Church Brothers has filed a Motion for Relief from Stay in the Sal Bankruptcy, which motion is scheduled to be heard on March 24, 2011; WHEREAS, Paul's Pak, Inc. has filed a Motion for Relief from Stay (the "Motion for Relief") in the case of In Re Premium Fresh Farms, LLC, which motion is pending in the United States Bankruptcy Court, Northern District of California, Case No. 10-62036, and which motion was recently rescheduled to be heard on March 28, 2011, at 2:00 p.m., which is after the currently scheduled Pretrial Status Conference; WHEREAS, the parties have met and conferred and agree that resolution of the Motion for Relief from Stay must occur in order to move forward with that litigation against Premium Fresh and ensure compliance with the automatic stay provisions of 11 U.S.C. 362(a); THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through their respective attorneys of record, that the Pretrial Status Conference currently scheduled to be held on March 25, 2011 at 10:30 a.m. be continued to April 1, 2011 at 10:30. IT IS SO STIPULATED. DATED: March 14, 2011 ANASTASSIOU & ASSOCIATES By: /s/ Effie F. Anastassiou Effie F. Anastassiou, Esq., Attorneys for Defendants PAUL'S PAK, INC., and SALVADOR PAUL TARANTINO; only, for Counterclaimant PAUL'S PAK, INC.; and Counterdefendants PAUL'S PAK, INC., and SALVADOR PAUL TARANTINO Andrew Smith Company v. Paul's Pak, Inc., et al. U.S.D.C., N.D.CA., Case No. 5:08-CV-04802-RMW 2 Stipulation to Continue Status Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: March 14, 2011 KAHN, SOARES & CONWAY, LLP By: /s/ Ann Grottveit Jan Kahn, Esq. Ann M. Grottveit, Esq., Attorneys for Plaintiff Andrew Smith Company DATED: March 14, 2011 SMITHERS LAW FIRM By: /s/ Mary Ann O'Hara Ned Smithers, Esq. Mary Ann O'Hara and Stephen P. McCarron, Esq. MCCARRON & DIESS 4900 Massachusetts Avenue, NW Washington, DC 20016 Attorneys for Defendants, CHURCH BROTHERS, LLC; TRUE LEAF FARMS, LLC; THOMAS CHURCH; STEVE CHURCH and DAVID GILL; and Counterdefendants CHURCH BROTHERS, LLC and TRUE LEAF FARMS, LLC Dated: March 14, 2011 CLYDE PEARCE LAW By: /s/ Clyde C. Pearce Clyde C. Pearce, Attorneys for Defendants Ag Harvesting & Technologies, LLC, John D. Tamagni, Robert Elliott, James Tamagni, Richard Tamagni, Premium Fresh Farms, LLC, and ESV Investments ORDER Pursuant to Stipulation between the parties, and good cause appearing therefore, IT IS HEREBY ORDERED, that the Pretrial Status Conference currently scheduled to be held on March 25, 2011 at 10:30 a.m. be continued to April 1, 2011 at 10:30. Dated: 3/22/11 _______________________________________ HONORABLE RONALD M. WHYTE JUDGE OF THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA F:\TIN\Andy Smith Litigation\Trial\Stipulation to Continue Trial\StiprePreTrialHearing.wpd Andrew Smith Company v. Paul's Pak, Inc., et al. U.S.D.C., N.D.CA., Case No. 5:08-CV-04802-RMW 3 Stipulation to Continue Status Conference

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