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Foster Poultry Farms v. Alkar-Rapidpak-Mp Equipment

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


March 4, 2011

FOSTER POULTRY FARMS, PLAINTIFF,
v.
ALKAR-RAPIDPAK-MP EQUIPMENT, INC. AND DOES 1-10,
DEFENDANTS.

The opinion of the court was delivered by: Presiding: Hon. Anthony H. Ishii

ORDER GRANTING STIPULATION TO CONTINUE HEARING ON DEFENDANT'S MOTION TO DISMISS

Current Hearing Date: March 21, 2011

Requested Hearing Date: April 11, 2011

Time: 1:30 p.m. Courtroom: 2

Action Filed: December 13, 2010

Trial Date: None Set

The Court having considered Parties Joint Stipulation to Continue Case Management Conference and Hearings on Defendants' Demurrers, which stated as follows:

Plaintiff Foster Poultry Farms ("Plaintiff") and Defendant Alkar-RapidPak-MP Equipment, Inc. ("Defendant") (collectively referred to herein as the "Parties") hereby agree and stipulate as follows:

WHEREAS, Defendant's Motion to Dismiss Plaintiff's Complaint is scheduled for hearing before this Court on March 21, 2011;

WHEREAS, due to the schedules of Plaintiff's counsel, Plaintiff requested Defendant agree to continue the current hearing date of March 21, 2011 on Defendant's Motion to Dismiss;

WHEREAS, the Parties agree to a three-week continuance of the hearing on Defendant's Motion to Dismiss from March 21, 2011 to April 11, 2011, or a day thereafter that is convenient for the Court;

WHEREAS, the Parties agree that Plaintiff's new deadline to file its Opposition to Defendant's Motion to Dismiss is March 21, 2011 and Defendant's new deadline to file its Reply in support of Defendant's Motion to Dismiss is April 4, 2011; and

WHEREAS, this is the first request for a continuance of the hearing on Defendant's Motion to Dismiss;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the PARTIES, through their undersigned counsel of record, subject to the approval of the Court, as follows:

1. The hearing on Defendant's Motion to dismiss is continued to April 11, 2011;

2. Plaintiff shall file its Opposition to Defendant's Motion to Dismiss by March 21, 2011; and

3. Defendant shall file its Reply in support of Defendant's Motion to Dismiss by April 4, 2011.

IT IS SO ORDERED.

CHIEF UNITED STATES DISTRICT JUDGE

20110304

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