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MARTINI E RICCI IAMINO S.P.A. v. TRINITY FRUIT SALES COMPANY, INC., Case No: 1:13-CV-00276-AWI-SAB. (2014)

Court: District Court, E.D. California Number: infdco20140630a12 Visitors: 53
Filed: Jun. 26, 2014
Latest Update: Jun. 26, 2014
Summary: STIPULATION AND REQUEST TO CONTINUE PRE TRIAL CONFERENCE AND TRIAL DATE; ORDER ANTHONY W. ISHII, District Judge. Pursuant to L.R. 144 and Fed. Rules Civ. Proc. 6, the parties to this action request a continuance of the pre-trial and trial dates for approximately ninety (90) days. A. Good Cause Supporting Continuance Plaintiff filed a motion for summary judgment on March 10, 2014 (Dkt. No. 21); Defendant filed an opposition and cross motion for summary judgment on March 31, 2014 (Dkt. No. 22)
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STIPULATION AND REQUEST TO CONTINUE PRE TRIAL CONFERENCE AND TRIAL DATE; ORDER

ANTHONY W. ISHII, District Judge.

Pursuant to L.R. 144 and Fed. Rules Civ. Proc. 6, the parties to this action request a continuance of the pre-trial and trial dates for approximately ninety (90) days.

A. Good Cause Supporting Continuance

Plaintiff filed a motion for summary judgment on March 10, 2014 (Dkt. No. 21); Defendant filed an opposition and cross motion for summary judgment on March 31, 2014 (Dkt. No. 22).1 The parties believe, and argued in their motions this matter is capable of decision through the motions.

On April 9, 2014 the Court ordered the hearing on the cross motions vacated, and took the motions under submission.

In the interests of judicial efficiency and to avoid incurring unnecessary costs, the parties request that the trial date be continued ninety (90) days on the grounds the Court's ruling on the cross motions may dispose of the case and obviate the need for the Court to handle pretrial documents.

B. Prior Extensions

On January 8, 2014, the parties filed a stipulated request to continue the dispositive motion and trial dates (Dkt. No. 19) as follows: dispositive motion date from January 15, 2014 to April 15, 2014; trial date from May 20, 2014 to August 19, 2014. The Court granted the request.

The basis for the request was that the parties were hopeful that continued discussion would result in settlement. It did not, however, the parties were able to narrow the issues to a relatively finite set of issues which the parties presented to the court in the motions for summary judgment referenced above.

C. Current and Proposed Schedule

The current and proposed schedules are as follows:

Event Current Schedule Proposed Schedule Pre-Trial Conference July 9, 2014, 8:30 a.m. October 8, 2014, 8:30 a.m. Trial August 19, 2014, 9:00 November 18, 2014, 9:00 a.m. a.m.

IT IS SO STIPULATED.

ORDER

The Proposed Schedule shown above is adopted as the schedule of this action. EXCEPT THAT THE PRETRIAL CONFERENCE SHALL BE RESET FOR OCTOBER 1, 2014 AT 10:00 A.M.

IT IS SO ORDERED.

FootNotes


1. Plaintiff filed a Reply in Support of Motion for Summary Judgment on April 7, 2014 [Dkt. No. 23]. This Court entered an Order [Dkt. No. 27] granting leave for Defendant to file a Sur Reply, which was filed April 24, 2014 [Dkt. No. 28].
Source:  Leagle

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