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United States v. Lyon

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


July 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
STEPHEN C. LYON, ET AL., DEFENDANTS/THIRD-PARTY PLAINTIFFS,
v.
THE DOW CHEMICAL COMPANY, ET AL., THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Honorable Lawrence J. O'Neill United States District Judge

JOINT REQUEST FOR CONTINUANCE OF HEARING ON THIRD-PARTY DEFENDANT R.R. STREET & CO. INC.'S MOTION FOR SUMMARY JUDGMENT [L.R. 78-230(g)]

Hearing Date: August 17, 2009

Time: 8:30 a.m.

AND ALL RELATED CROSS-CLAIMS Courtroom: 4 AND THIRD-PARTY CLAIMS. Judge: Hon. Lawrence J. O'Neill

Pursuant to Local Rule 78-230(g), Third-Party Defendant R.R. Street & Co. Inc. ("Street") and Defendants/Third-Party Plaintiffs Stephen C. Lyon, Suzanne S. Lyon, Russell R. Tonda, and Diane M. Tonda as individuals, and Rajendra Jamnadas as the personal representative of the Estate of Shantilal Jamnadas (collectively, "Third-Party Plaintiffs"), respectfully request a continuance of Error! Reference source not found.

Certificate of Service the hearing on Street's pending motion for summary judgment against Third-Party Plaintiffs. In support of this request, Street and Third-Party Plaintiffs would show the following:

1. Street filed its motion for summary judgment on July 17, 2009 and properly set the motion for hearing on August 17, 2009 (Doc. 374).

2. Third-Party Plaintiffs have approached Street requesting a 60-day continuance of such hearing, and Street is amenable to such request.

3. Continuing the scheduled hearing to Tuesday, October 20, 2009, at 8:30 a.m. would accommodate Third-Party Plaintiffs' request.

4. Third-Party Plaintiffs have agreed to file their oppositions to Street's motion on or before September 28, 2009.

5. Although Third-Party Plaintiffs do not waive any right to request an additional con- tinuance from the Court, Street respectfully informs Third-Party Plaintiffs and the Court that Street will oppose any additional continuance.

Accordingly, Street and Third-Party Plaintiffs request that the hearing on Street's motion for summary judgment against Third-Party Plaintiffs be continued to Tuesday, October 20, 2009, at 8:30 a.m., and that any opposition to the motion be filed on or before September 28, 2009.

Respectfully submitted,

Error! Reference source not found.

Certificate of Service

IT IS SO ORDERED.

The Motion Hearing currently set for 8/17/09 has been CONTINUED to 10/27/09 at 8:30am. The Court is unavailable on 10/20/09 as requested.

Date: July 31, 2009 /s/ Lawrence J. O'Neill

Error! Reference source not found.

Certificate of Service

20090730

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