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Asusena Avalos, On Behalf of Herself and On Behalf of All v. Foster Poultry Farms

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- FRESNO DIVISION


May 13, 2011

ASUSENA AVALOS, ON BEHALF OF HERSELF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
FOSTER POULTRY FARMS, INC., A CALIFORNIA CORPORATION, AND DOES 1-50, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

R.REX PARRIS LAW FIRM R. Rex Parris, Esq. (SBN 96567) Email: rrparris@rrexparris.com Alexander R. Wheeler, Esq. (SBN 239541) Email: awheeler@rrexparris.com Jason P. Fowler, Esq. (SBN 239426) Email: jfowler@rrexparris.com Kitty Szeto, Esq. (SBN 258136) Email: kszeto@rrexparris.com Douglas Han Esq. (SBN 232858) Email: dhan@rrexparris.com 42220 10th Street West, Suite 109 Lancaster, California 93534 Telephone: (661) 949-2595 Facsimile: (661) 949-7524 Attorneys for Plaintiff and the Proposed Class SEYFARTH SHAW LLP Alfred L. Sanderson, Jr., Esq. (SBN 186071) Email: asanderson@seyfarth.com Lindsay S. Fitch, Esq. (SBN 238227) Email: lfitch@seyfarth.com Sophia Kwan, Esq. (SBN 257666) Email: skwan@seyfarth.com 400 Capitol Mall, Suite 2350 Sacramento, California 95814-4428 Telephone: (916) 448-0159 Facsimile: (916) 558-4839 Attorneys for Defendant

CLASS ACTION STIPULATION AND ORDER CONTINUING THE HEARING AND BRIEFING SCHEDULE ON DEFENDANT FOSTER POULTRY FARMS,INC.'S MOTION TO DISMISS

Date: May 26, 2011 Time: 8:30 a.m. Courtroom: 4

[Honorable Lawrence J. O'Neill]

STIPULATION AND ORDER CONTINUING THE HEARING AND BRIEFING SCHEDULE ON DEFENDANT'S MOTION TO DISMISS

Plaintiff Asusena Avalos ("Plaintiff"), on behalf of herself and on behalf of all others similarly situated, and Defendant Foster Poultry Farms, Inc. ("Defendant"), by and through their respective attorneys of record, hereby stipulate as follows:

WHEREAS, on April 14, 2011, Defendant removed Plaintiff's state court complaint to this Court pursuant to 28 U.S.C. §§ 1332(d) and 1441;

WHEREAS, on April 21, 2011 Defendant filed a Motion to Dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6), with a hearing date set on May 26, 2011 before this Court;

WHEREAS, on May 9, 2011, Plaintiff, contending this Court lacks subject matter jurisdiction, filed a Motion to Remand this case back to Fresno County Superior Court;

WHEREAS, Plaintiff's Motion to Remand was transferred to Magistrate Judge Seng and set for hearing on June 17, 2011, after the hearing date on Defendant's Motion to Dismiss;

WHEREAS, the parties have agreed to continue the hearing on Defendant's Motion to Dismiss from May 26, 2011 to June 30, 2011 to allow a ruling on Plaintiff's Motion to Remand prior to the hearing on Defendant's Motion to Dismiss;

WHEREAS, the parties also agree to a new briefing schedule for Plaintiff's memorandum in opposition to Defendant's Motion to Dismiss and Defendant's reply memorandum in support of its Motion to Dismiss in accordance with the Eastern District of California Local Rule 230 based upon the new hearing date of June 30, 2011; and

WHEREAS, no prior extensions of time have been requested or granted.

IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES HERETO, THROUGH THEIR RESPECTIVE COUNSEL, AS FOLLOWS:

1. Defendant's Motion to Dismiss shall be heard on June 30, 2011 at 8:30 a.m. before the Honorable Lawrence J. O'Neill in Courtroom 4 of the above-entitled court;

2. Plaintiff shall file her memorandum in opposition to Defendant's Motion to Dismiss no later than June 16, 2011; and

3. Defendant shall file its reply memorandum in support of its Motion to Dismiss no later than June 23, 2011.

ORDER

Pursuant to the above Stipulation and good cause showing,

IT IS HEREBY ORDERED THAT:

1. Defendant's Motion to Dismiss shall be heard on June 30, 2011 at 8:30 a.m. before the Honorable Lawrence J. O'Neill in Courtroom 4 of the above-entitled court;

2. Plaintiff shall file her memorandum in opposition to Defendant's Motion to Dismiss no later than June 16, 2011; and

3. Defendant shall file its reply memorandum in support of its Motion to Dismiss no later than June 23, 2011.

IT IS SO ORDERED.

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20110513

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