Green Valley Corporation v. Caldo Oil Company et al

Filing 82

STIPULATION AND ORDER Withdrawing Defendant's two cross complaints and Plaintiff's motion to strike. Signed by Judge Koh on 4/7/2011. (lhklc4, COURT STAFF) (Filed on 4/7/2011)

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John R. Till SBN 178763 [e-mail] Bret A. Stone SBN 190161 [e-mail] Brian R. Paget SBN 168694 [e-mail] Paladin Law Group® LLP 1176 Boulevard Way Walnut Creek, California 94595 Phone: [phone] Fax: [phone] Counsel for Plaintiff GREEN VALLEY CORPORATION UNITED STATES DISTRICT COURT

8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ///
-109-CV-04028-LHK

GREEN VALLEY CORPORATION, Plaintiff, vs. CALDO OIL COMPANY; VICTOR J. LOBUE; THE VICTOR J. LOBUE TRUST; and DOES 1­100, Defendants.

No. 09-CV-04028-LHK STIPULATION AND [PROPOSED] ORDER WITHDRAWING DEFENDANTS' TWO "CROSS COMPLAINTS" AND PLAINTIFF'S MOTION TO STRIKE THEM

IT IS HEREBY STIPULATED by and between the parties to this action through their designated attorneys of record that, based upon defendants' filing of their Motion for Leave to File Counter Claim Against Green Valley Corporation and to File 3rd Party Complaint Against AEI Consultants; All Environmental, Inc., filed 3-14-11, Dkt. No. 74, and the representations made by defendants in their Opposition to Green Valley's Motion to Strike Two Cross Complaints, filed 3-14-11, Dkt. No. 75, at 2:13-27: · Defendants' two Cross Complaints, filed 2-10-11, Dkt. Nos. 70, 71, shall be withdrawn so as to render them inoperative as pleadings; and · Plaintiff's Motion to Strike Defendants' Two "Cross Complaints," filed 3-3-11, Dkt. No. 72, shall be withdrawn as moot.

STIPULATION AND ORDER W ITHDRAW ING "CROSS COMPLAINTS" AND MOTION TO STRIKE

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IT IS FURTHER STIPULATED by and between the parties to this action through their designated attorneys of record that, with the withdrawal of Plaintiff's Motion to Strike Defendants' Two "Cross Complaints," the hearing on said motion currently set for April 21, 2011 at 1:30 p.m. in Courtroom 4, shall be taken off calendar.1 IT IS SO STIPULATED:

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The Further Case Management Conference and the hearing on Caldo Oil Company's Motion for Leave to File Counter Claim Against Green Valley Corporation and to File 3rd Party Complaint Against AEI Consultants; All Environmental, Inc., remain on calendar for April 21, 2011, at 1:30 p.m. in Courtroom 4. See Dkt. Nos. 74, 78, 79.
-209-CV-04028-LHK
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DATED: April 7, 2011

PALADIN LAW GROUP® LLP /s/ ------------------------------ Brian R. Paget Counsel for Plaintiff GREEN VALLEY CORPORATION GARRISON LAW CORPORATION /s/ ------------------------------ Gregg Garrison Counsel for Defendants CALDO OIL COMPANY, VICTOR LOBUE and THE VICTOR LOBUE TRUST

IT IS SO ORDERED:

------------------------------ LUCY H. KOH United States District Judge

STIPULATION AND ORDER W ITHDRAW ING "CROSS COMPLAINTS" AND MOTION TO STRIKE