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Road Science, L.L.C. v. Telfer Oil Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


August 24, 2010

ROAD SCIENCE, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY, PLAINTIFF,
v.
TELFER OIL COMPANY D/B/A WINDSOR FUEL COMPANY WINDSOR FUEL COMPANY, A CALIFORNIA PARTNERSHIP, TELFER TANK LINES, INC., A CALIFORNIA CORPORATION, TELFER ENTERPRISES, INC., A CALIFORNIA CORPORATION AND ASPHALT SERVICE COMPANY, A CALIFORNIA CORPORATION, DEFENDANTS.

STIPUALTION AND ORDER GRANTING TELFER OIL COMPANY'S UNOPPOSED APPLICATION FOR LEAVE TO AMEND ANSWER AND COUNTERCLAIMS

Plaintiff Road Science, LLC ("Road Science") and Defendants Telfer Oil Company, d/b/a Windsor Fuel Company, Telfer Tank Lines, Inc., Telfer Enterprises, Inc., and Asphalt Service Company (collectively "Telfer") hereby state, stipulate and agree as follows:

1. Defendants will file an Amended Answer and Counterclaims on or before September 3, 2010.

2. Accordingly, Road Science's Motion to Dismiss Telfer's Counterclaims is moot and the hearing on Road Science's Motion to Dismiss Telfer's Counterclaims noticed for September 10, 2010 at 10:00 a.m. will be removed from the Court's calendar. Road Science reserves the right to move to dismiss Telfer's Amended Answer and Counterclaims.

IT IS SO STIPULATED.

Dated: August 23, 2010

I hereby attest that I have obtained concurrence in the filing of this document from each of the other signatories.

Executed on this 23rd day of August, 2010, at San Francisco, California.

ORDER

Good cause appearing, and pursuant to stipulation of the parties, IT IS HEREBY ORDERED THAT:

1. Telfer shall file its Amended Answer and Counterclaims on or before September 3, 2010.

2. Accordingly, Road Science's Motion to Dismiss Telfer's Counterclaims is moot and the associated hearing set for September 10, 2010 at 10:00 a.m. is removed from the Court's calendar.

20100824

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