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Britz Fertilizers, Inc. v. Bayer Corp.

IN THE UNITED SATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


February 26, 2009

BRITZ FERTILIZERS, INC., PLAINTIFF,
v.
BAYER CORPORATION; BAYER CROPSCIENCE, LP, DEFENDANTS.

The opinion of the court was delivered by: Oliver W. Wanger, U.S. District Court Judge

JOINT REQUEST TO RESET PRE-TRIAL DATES, AND RELATED DATES; ORDER THEREON

JOINT REQUEST

The parties in this case, acting through their respective counsel, jointly request that the discovery cut-off date and other pre-trial dates be extended.

Specifically, the parties request that the Court order that the discovery cut-off date be extended to April 6, 2009. Further, the parties request that the filing date for all non-dispositive pre-trial motions, including any discovery motions, shall be extended to April 20, 2009, and such motions shall be heard on or before May 22, 2009 at 9:00 a.m. before the Honorable Dennis L. Beck in Courtroom 9. The parties further request that the filing date for all dispositive pre-trial motions shall be extended to May 4, 2009, and such motion shall be heard on or before June 8, 2009, at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

The parties request that the Pre-Trial Conference be continued to June 22, 2009 before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

The parties request that the Mandatory Settlement Conference be continued to June 19, 2009 before Magistrate Judge Dennis L. Beck in Courtroom 9.

The reasons for this request are that despite being diligent in conducting discovery, numerous depositions remain to be taken and certain discovery law and motion matter are left to be resolved. While the parties have, in good faith, engaged in extensive oral and written discovery certain delays have occurred due to the need to resolve certain matters through law and motion.

DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA FRAME & MATSUMOTO

Dated: February 25, 2009

Eric J. Sousa Attorneys for Plaintiff

CLIFFORD & BROWN

Dated: February 25, 2009

T. Mark Smith.

Stephen T. Clifford

T. Mark Smith Attorneys for Defendants

ORDER

GOOD CAUSE APPEARING, IT IS ORDERED as follows: The Scheduling Conference Order dated October 17, 2008 is amended as follows: IX. Discovery Plan and Cut-Off Date 5. The parties are ordered to complete all discovery on or before April 6, 2009.

X. Pre-Trial Motions Schedule.

1. All Non-Dispositive Pre-Trial Motions, including any discovery motions, will be filed on or before April 20, 2009, and heard on or before May 22, 2009, at 9:00 a.m. before Judge Dennis L. Beck in Courtroom 9.

2. In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 142(d). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.

3. All Dispositive Pre-Trial Motions are to be filed no later than May 4, 2009, and will be heard on or before June 8, 2009 at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, 7th Floor. In scheduling such motions, counsel shall comply with Local Rule 230.

XI. Trial Date.

1. The parties agreed that the stipulation will hold the current Trial date set for July 13, 2009 at 9:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

XII. Pre-Trial Conference Date.

1. The Pre-Trial Conference be continued to June 22, 2009 at 11:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

XIII. Settlement Conference.

1. A Settlement Conference is scheduled for June 18, 2009 at 10:00 a.m. in Courtroom 9 before the Honorable Dennis L. Beck.

IT IS SO ORDERED.

20090226

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