IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
December 30, 2009
IN RE JOHN VAN CUREN, AS TRUSTEE OF THE CHAPTER 11 ESTATE OF MICHAEL HAT, A/K/A MICHAEL HAT FARMING COMPANY, PLAINTIFF,
FEDERAL CROP INSURANCE CORPORATION; AND RISK MANAGEMENT AGENCY, DEFENDANTS.
The opinion of the court was delivered by: Honorable Vaughn R. Walker United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND FOR LACK OF JURISDICTION AND IN THE ALTERNATIVE TO DISMISS FOR IMPROPER VENUE THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:
1. On July 30, 2009, JOHN VAN CUREN, the plaintiff herein (the "Plaintiff") filed the Complaint For Breach Of Contract And For Damages Under 7 C.F.R. § 400.96 (the "Complaint").
2. On October 15, 2009, the FEDERAL CROP INSURANCE CORPORATION and the RISK MANAGEMENT AGENCY, the defendants herein (the "Defendants"), responded to the Complaint by filing the Motion To Dismiss For Failure To State A Claim And For Lack Of Jurisdiction, And In The Alternative To Dismiss For Improper Venue (the "Motion"), which is presently scheduled for hearing on Thursday, January 7, 2010 at 10:00 a.m. (the "Scheduled Hearing")
3. Based on scheduling conflicts, the Plaintiff and Defendants have agreed through their respective counsel, subject to Court approval, to vacate the Scheduled Hearing and reset the Motion for hearing on Thursday, February 25, 2010 at 10:00 a.m., the next available hearing date on the Court's schedule that accommodates both parties. The parties' stipulation includes an agreement to postpone the filing dates for plaintiff's opposition and defendant's reply papers to correspond to the new hearing date.
DATED: December 17, 2009
MEYERS LAW GROUP, P.C. Merle C. Meyers Attorneys for Plaintiff John Van Curen
JOSEPH P. RUSSONIELLO United States Attorney
Jonathan U. Lee Assistant United States Attorney Attorneys for Defendants Federal Crop Insurance Corporation and Risk Management Agency
IT IS SO ORDERED.
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