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UNITED STATES OF AMERICA FOR USE AND BENEFIT OF RHINO BUILDERS, INC., Plaintiff, v. BIOGENESIS PACIFIC, INC., AIG TECHNICAL SERVICES, INC. and AMERICAN HOME ASSURANCE COMPANY, Defendants. BIOGENESIS PACIFIC, INC., Counterclaimant,

STIPULATION AND ORDER FOR ORAL ARGUMENTS RE: RHINO'S MOTION TO ESTABLISH FACT PER FRCP RULE 37(b) (2)(A)

JOAQUIN V.E. MANIBUSAN, JR., Magistrate JudgePage 2

COME NOW Plaintiff RHINO BUILDERS, INC. ("RHINO"), through counsel TARPLEY MORONI, LLP by Thomas M. Tarpley, Jr., Esq. and Defendants AIG TECHNICAL SERVICES, INC. ("AIGTS") and AMERICAN HOME ASSURANCE COMPANY ("AMERICAN HOME"), through local counsel VERNIER MAHER, LLP by Louie J. Yanza, and hereby stipulate and agree as follows:

1. The parties hereby agree that RHINO's Motion to Establish Fact Per FRCP Rule 37(b)(2)(A) ("Motion") shall be orally argued by the parties;
2. A hearing for said oral arguments be scheduled by the Court at its earliest convenience;
3. Oppositions to RHINO's Motion shall be filed with the Court and served no later than fourteen (14) days before oral arguments scheduled by the Court;
4. Replies shall be file with the Court and served no later than seven (7) days before oral arguments scheduled by the Court;

IT IS HEREBY ORDERED:

1. That oral arguments for RHINO's Motion to Establish Fact Per FRCP Rule 37(b) (2)(A) ("Motion") shall be heard on October 10, 2004 at 10:00 a.m.;

2. That Defendants AIGTS and AMERICAN HOME shall, not later than fourteen (14) days before oral arguments, file their Opposition to RHINO's Motion; and

3. That Plaintiff RHINO shall, not later than seven (7) days before oral arguments, file its Reply in Support of its Motion.

SO ORDERED.

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U.S. v. BIOGENESIS PACIFIC, INC. (D.Guam 2004)
(Aug 20, 2004)