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United States of America, and San Joaquin Valley Unified Air Pollution Control District v. Forward

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 28, 2011

UNITED STATES OF AMERICA, AND SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT,
FORWARD, INC.
PLAINTIFFS,
v.
FORWARD, INC., DEFENDANT.

The opinion of the court was delivered by: Hon. Edmund F. Brennan United States Magistrate Judge

THOMAS M. BRUEN (SBN 63324) ERIK A. REINERTSON (SBN 218031) LAW OFFICES OF THOMAS M. BRUEN A Professional Corporation 1990 N. California Boulevard, Suite 620 Walnut Creek, CA 94596 Telephone: (925) 295-3131 Facsimile: (925) 295-3132 Email: tbruen@sbcglobal.net ereinertson@sbcglobal.net JEFFREY B. SETNESS (SBN 96773) MAYALL, HURLEY, KNUTSEN, SMITH & GREEN 2453 Grand Canal Boulevard, Second Floor Stockton, California 95207 Telephone: (209) 477-3833 Facsimile: (209) 473-4818 E-mail: jsetness@mayallaw.com Attorneys for Defendant FORWARD, INC.

STIPULATION AND ORDER GRANTING LEAVE FOR DEFENDANT TO FILE FIRST AMENDED ANSWER TO FIRST AMENDED COMPLAINT; ORDER THEREON.

[Complaint filed: March 3, 2011]

FORWARD, INC. ("Forward"), Plaintiffs UNITED STATES OF AMERICA, and SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT, by and through their respective counsel, stipulate as follows:

1. Forward may amend its Answer to the First Amended Complaint by adding an Eighth Affirmative Defense, by correcting a mislabeled heading, and by withdrawing its demand for 3 a jury trial. A First Amended Answer to the First Amended Complaint that includes this amendment 4 is attached as Exhibit A.

2. Within ten (10) days of the Court's execution of the Order granting Defendant leave to amend their Answer, Defendants shall file and serve a First Amended Answer (substantially in 7 the form of Exhibit A) to the First Amended Complaint filed against them by Plaintiffs in this 8 action.

ORDER

Pursuant to stipulation of the Parties, and good cause appearing:

It is ORDERED that:

Defendant FORWARD, INC. shall file a First Amended Answer to the First Amended Complaint within fourteen (14) days of this Order.

IT IS SO ORDERED.

20110728

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