The Citri-Lite Company, Inc. v. Cott Beverages, Inc.

Filing 137

STIPULATION and ORDER for plaintiff to move documents into evidence, signed by Judge Oliver W. Wanger on 7/21/2011. (Kusamura, W)

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David J. Cooper, State Bar No. 047615
James M. Duncan, State Bar No. 161474
KLEIN, DeNATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 California Avenue, Second Floor
Bakersfield, California 93309
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff,
THE CITRI-LITE COMPANY, INC.

KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

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THE CITRI-LITE COMPANY, a
California corporation,

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Case No. 1:07-CV-01075-OWW-DLB
Assigned to Hon. Oliver W. Wanger

Plaintiff,
v.
COTT BEVERAGES, INC., d/b/a
Cott Beverages U.S.A., a Florida
corporation, and DOES 1 through 25,

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Trial Date: June 29, 2011

Defendants.

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STIPULATION FOR PLAINTIFF
TO MOVE DOCUMENTS INTO
EVIDENCE

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Plaintiff Citri-Lite Company and Defendant Cott Beverages, Inc.,
hereby agree and stipulate as follows:
1.

July 19, 2011 was the last day available for the taking of trial

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evidence in the captioned case, and at the end of the trial day not all of

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previously designated portions of deposition excerpts had been read into the

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record, including the deposition testimony of former Cott employee Gilbert

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Woods.
2.

The Court has given consent for the parties to submit a limited

number of remaining deposition excerpts for inclusion within the evidentiary

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STIPULATION TO RESERVE RIGHT TO
MOVE DOCUMENTS INTO EVIDENCE

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record of this case. Plaintiff will include deposition excerpts for Gilbert

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Woods with its submission.

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3.

The plaintiff maintains that the submitted portions of the

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deposition testimony of Gilbert Woods provide the necessary foundation for

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the admission into evidence of Plaintiff’s Exhibits P-210 and P-211, and

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would, had time allowed on July 19, 2011, moved for admission of Exhibits P-

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210 and P-211 into evidence at the time the pertinent portions of the Woods

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deposition were read into the record.

KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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4.

Given the above circumstances, the parties hereby stipulate that

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prior to the oral argument scheduled for August 30, 2011, plaintiff may move

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for admission of Exhibits P-210 and P-211 into evidence based upon the

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foundation provided within the submitted portions of the Woods deposition

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testimony.

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Dated: July

, 2011

KLEIN, DeNATALE, GOLDNER, COOPER,
ROSENLIEB & KIMBALL, LLP

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By: /s/ James M. Duncan__________
James M. Duncan
David J. Cooper
Attorneys for The Citri-Lite Co., Inc.

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Dated: July

, 2011

SCHEPER KIM & HARRIS LLP

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By: S/ Gregory A. Ellis /
David C. Scheper
Gregory A. Ellis
Attorneys for Cott Beverages, Inc.

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STIPULATION TO RESERVE RIGHT TO
MOVE DOCUMENTS INTO EVIDENCE

ORDER

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Pursuant to the Stipulation executed by the Parties, plaintiff may move

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for admission of Exhibits P-210 and P-211 into evidence prior to the oral

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argument scheduled for August 30, 2011.

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IT IS SO ORDERED.

KLEIN, DENATALE, GOLDNER,
COOPER, ROSENLIEB & KIMBALL, LLP
4550 CALIFORNIA AVENUE, SECOND FLOOR
BAKERSFIELD, CALIFORNIA 93309

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Dated:
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July 21, 2011

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

DEAC_Signature-END:

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STIPULATION TO RESERVE RIGHT TO
MOVE DOCUMENTS INTO EVIDENCE