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Britz Fertilizers, Inc. v. Bayer Corp.

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


April 23, 2010

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

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

JOINT REQUEST TO VACATE TRIAL AND PRE-TRIAL DATES; ORDER THEREON

JOINT REQUEST

All parties in this action, acting through their respective counsel, jointly request for the following reasons that all Motion, Pre-Trial and Trial dates in this action be vacated.

WHEREAS, the parties have reached an agreement-in-principle to settle and resolve the claims of plaintiff, Britz Fertilizers, Inc. ("Plaintiff") against defendants Bayer Cropscience, LP and Bayer Corporation, Inc. ("Defendants");

WHEREAS, such settlement is conditioned upon the Court granting a motion for good faith settlement approval (Cal. Code of Civ. Proc. §§ 877, 877.6);

WHEREAS, the parties anticipate that a joint motion for good faith settlement approval within thirty (30) days of today's date;

WHEREAS, in order to allow sufficient time for the preparation, filing, and hearing of the motion, which, if granted, and thereby barring any potential claims of the noticed parties, will result in dismissal of the action;

WHEREAS, the parties seek to take off-calendar all Motion, Pre-Trial and Trial dates, including, but not limited to:

April 26, 2010 10:00 a.m. Plaintiff's Motion to Amend May 28, 2010 12:00 p.m. Hearing on Motions in Limine June 15, 2010 9:00 a.m. Trial; to be reset upon request by plaintiff or defendants should the Court deny the motion.

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

Dated: April 21, 2010

Ted R. Frame. (authorized on 4/22/10) Ted R. Frame Attorneys for Plaintiff

Britz Fertilizers, Inc.

CLIFFORD & BROWN

Dated: April 21, 2010

Stephen T. Clifford

T. Mark Smith Attorneys for Defendants Bayer Corporation and Bayer CropScience, L.P.

IT IS SO ORDERED.

20100423

© 1992-2010 VersusLaw Inc.



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