UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
June 20, 2011
FOSTER POULTRY FARMS, PLAINTIFF,
ALKAR-RAPIDPAK-MP EQUIPMENT, INC. AND DOES 1-10,
The opinion of the court was delivered by: Presiding: Hon. Anthony H. Ishii
ORDER GRANTING STIPULATION TO EXTEND TIME FOR PLAINTIFF TO FILE FIRST AMENDED COMPLAINT
Action Filed: December 13, 2010
Trial Date: None Set
The Court, having considered the Parties' Stipulation to Extend Time for Plaintiff to File First Amended Complaint, 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, on June 8, 2011, the Court issued an order granting Defendant's Motion to Dismiss Plaintiff's complaint and allowing Plaintiff leave to amend as to the First, Second, Third, and Fifth causes of action;
WHEREAS, the Court's June 8, 2011 Order provided that Plaintiff must file any amended complaint within twenty-one (21) days of the filing of the Order, such that the amended complaint is currently due June 29, 2011;
WHEREAS, in granting Defendant's motion to dismiss Plaintiff's First, Second, and Third causes of action, the Court determined, among other things, that those claims were time-barred pursuant to California Commercial Code Section 2725;
WHEREAS, Plaintiff respectfully contends that the Court's application of California Commercial Code Section 2725 in this was case was in error and intends to file a motion for reconsideration, which will be set for hearing on August 15, 2011;
WHEREAS, Defendant believes that there is no basis for a motion for reconsideration and accordingly intends to oppose Plaintiff's motion for reconsideration;
WHEREAS, for efficiency and practicability reasons and to ease the burden on the Court, the parties agree that the motion for reconsideration should be decided before Plaintiff is required to file any amended complaint, so that among other things Defendant is not forced to file a motion to dismiss the amended complaint before the Court rules on the motion for reconsideration;
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:
Plaintiff's deadline to file an amended complaint shall be continued from June 29, 2011 to ten (10) days after the Court issues its order on Plaintiff's motion for reconsideration.
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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