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Foster Poultry Farms v. Alkar-Rapidpak-Mp Equipment

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


April 26, 2011

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

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER GRANTING STIPULATION REGARDING SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE SNYDER Settlement Conference Settlement Conference Courtroom: ORDER STAYING THE RULING ON MOTION TO DISMISS, CURRENTLY UNDER SUBMISSION BEFORE DISTRICT JUDGE ISHII STIPULATION REGARDING SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE SNYDER

Date: June 2, 2011 Time: 10:30 a.m.

The Court, having considered the Parties' Stipulation Regarding Settlement Conference Before Magistrate Judge Snyder, 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, the Parties have agreed to participate in a Settlement Conference before Magistrate Judge Snyder;

WHEREAS, the Parties agree that a ruling on Defendant's pending Motion to Dismiss (Docket No. 10) should be stayed pending the outcome of the Settlement Conference; and

WHEREAS, the Court has indicated its availability for a Settlement Conference in this case on June 2, 2011 at 10:30 a.m. based on the terms set forth below;

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 Parties shall participate in a Settlement Conference before Magistrate Judge Snyder on June 2, 2011 at 10:30 a.m. (the "Settlement Conference").

2. Representatives of both parties with full settlement authority shall appear in person at the Settlement Conference.

3. The District Court's ruling on Defendant's pending Motion to Dismiss (Docket No. 10) shall be STAYED pending the outcome of the Settlement Conference.

4. The Parties shall submit confidential Settlement Conference statements to Magistrate Judge Snyder by May 26, 2011 at 12:00 p.m., and the statements shall not be served on the opposing party. If a Party's settlement statement including exhibits exceeds 25 pages, it shall be submitted in paper copy to the Clerk's Office to be delivered to Judge Snyder's chambers; if the statement is less than 25 pages, it may be submitted via e-mail to smsorders@caed.uscourts.gov.

5. The Parties acknowledge that they shall appear at the Settlement Conference and negotiate in good faith to reach a settlement. Prior to the Settlement Conference, Plaintiff shall provide Defendant with a settlement demand, and the Parties shall meet and confer over that demand.

Defendant shall appear at the Settlement Conference with authority to settle the case beyond nuisance value.

IT IS SO ORDERED.

20110426

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