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Stip & Order re Continuance of Hearing on Motions for Summary Judgment

STEPHEN M. LERNER (State Bar No. 17688)

McDONOUGH HOLLAND & ALLEN PC

Attorneys at Law

555 capitol Mall, 9 Floor th

Sacramento, CA 95814

Phone: 916.444.3900

Fax: 916.444.3249

Attorneys for Plaintiff

QuesTech Financial California, LLC

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

QUESTECH FINANCIAL CALIFORNIA,

LLC,

Plaintiff,

v.

JYM CORPORATION,

Defendant,

v.

BASKIN-ROBBINS USA CO., TOGOS

EATERIES, INC.,

Third-Party 

Defendants.

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STIPULATION AND ORDER RE:

CONTINUANCE OF HEARINGS ON

TOGOS/BASKINS’ MOTION FOR

SUMMARY JUDGMENT AND JYM’S

MOTION FOR SUMMARY JUDGMENT

CIV S-04-2553 FCD GGH 

BASKIN-ROBBINS USA CO., TOGOS

EATERIES, INC.,

Third-Party Defendants/

Counterclaimants/CounterDefendants,

v.

QUESTECH FINANCIAL CALIFORNIA,

LLC,

Counter-Defendant/

Counterclaimant.

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Case 2:04-cv-02553-FCD-GGH Document 67 Filed 01/19/06 Page 1 of 4
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Stip & Order re Continuance of Hearing on Motions for Summary Judgment 2

Plaintiff and Counter-Defendant/Counterclaimant QuesTech Financial California, LLC

(“QuesTech”), Defendant and Third Party Plaintiff JYM Corporation’s (“JYM”), and Third-Party

Defendants and Counterclaimants/Counter-Defendants Baskin-Robbins USA, Co.’s (“Baskin”)

and Togos Eateries, Inc.’s (“Togo’s”) (collectively, “Baskin/Togos”), by and through their

respective counsel, stipulate as follows:

RECITALS

A. Whereas, on December 13, 2005, Baskin/Togos filed their Motion for Summary

Judgment (Document No. 52). Their motion currently is set for hearing on January 27, 2006 and

QuesTech's opposition is due on January 13, 2006;

B. Whereas, on December 30, 2005, JYM filed its Motion for Summary Judgment

(Document No. 58). Its motion currently is set for hearing on January 27, 2006 at QuesTech's

opposition is due on January 13, 2006;

C. Whereas, on December 30, 2005, QuesTech and Baskin/Togos agreed to settle

their respective claims against each other as set forth in the Baskin/Togos Counterclaim and in

the QuesTech Counterclaim. Counsel for QuesTech has prepared a draft settlement that they

have forwarded to counsel for Baskins/Togos for their review;

D. Whereas, on January 11, 2006, QuesTech and JYM agreed upon conditions by

which QuesTech would settle its claims against JYM as set forth in the QuesTech Complaint. 

Counsel for QuesTech will prepare a draft settlement and forward it to counsel for JYM for his

review; and

E. Whereas, counsel for the parties agreed to continue the hearing date for two weeks

on Baskin/Togos's Motion for Summary Judgment and JYM's Motion for Summary Judgment

since they need additional time to finalize and execute the aforementioned settlement

agreements.

STIPULATION

1. The hearing date on Baskin/Togos' Motion for Summary Judgment and JYM's

Motion for Summary Judgment, currently set for January 27, 2006 at 10:00 a.m., is vacated; and

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Stip & Order re Continuance of Hearing on Motions for Summary Judgment 3

2. The hearing date on Baskin/Togos' Motion for Summary Judgment and JYM's

Motion for Summary Judgment shall be reset for February 10, 2006 at 10:00 a.m.

3. QuesTech shall file its opposition papers to Baskin/Togo's Motion for Summary

Judgment and/or JYM's Motion for Summary Judgment by January 27, 2006.

Dated: January 13, 2006

McDonough Holland & Allen PC

Attorneys at Law

By: /s/ Stephen M. Lerner 

Stephen M. Lerner

Attorney for Plaintiff and

Counterclaimant/Counterclaim-Defendant

QuesTech Financial California, LLC

Dated: January 13, 2006

Wilke, Fleury, Hoffelt, Gould & Birney, LLP

By: /s/ Daniel L. Egan 

Daniel L. Egan

Attorneys for Third-Party Defendants and

Counterclaimants/Counter-Defendants BaskinRobbins USA, Co. and Togos Eateries, Inc.

Dated: January 13, 2006

Cohen Ë Durrett

By: /s/ Gregory M. Finch 

Gregory M. Finch

Attorney for Defendant and Third-Party Plaintiff

JYM Corporation

ORDER

IT IS HEREBY ORDERED as follows:

1. The hearing date on Baskin/Togos' Motion for Summary Judgment and JYM's

Motion for Summary Judgment, currently set for January 27, 2006 at 10:00 a.m., is vacated; and

2. The hearing date on Baskin/Togos' Motion for Summary Judgment and JYM's

Motion for Summary Judgment shall be reset for February 10, 2006 at 10:00 a.m.

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Stip & Order re Continuance of Hearing on Motions for Summary Judgment 4

3. QuesTech shall file its opposition papers to Baskin/Togo's Motion for Summary

Judgment and/or JYM's Motion for Summary Judgment by January 27, 2006.

Dated: January 18, 2006

/s/ Frank C. Damrell Jr. 

UNITED STATES DISTRICT JUDGE

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