Delano Farms Company et al v. The California Table Grape Commission

Filing 163

STIPULATION and ORDER 162 Regarding Use of Discovery from Prior Litigation, Signed by Magistrate Judge Jennifer L. Thurston on May 15, 2012. (Hall, S)

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LAWRENCE M. HADLEY (SBN 157728)
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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THE LAW OFFICES OF RALPH B. WEGIS
RALPH B. WEGIS (SBN 67966)
1930 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs DELANO FARMS COMPANY; FOUR
STAR FRUIT, INC.; GERAWAN FARMING, INC.; and for
Third-Parties RB SANDRINI, INC., RB SANDRINI FARMS,
L.P., RICHARD B. SANDRINI, and LAWRENCE LUDY
[Additional counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DELANO FARMS COMPANY; FOUR STAR
FRUIT, INC.; GERAWAN FARMING, INC.,

)
)
)
Plaintiffs,
)
)
v.
)
)
THE CALIFORNIA TALE GRAPE
)
COMMISSION; UNITED STATES OF
)
AMERICA; UNITED STATES DEPARTMENT )
OF AGRICULTURE; TOM VILSACK,
)
SECRETARY OF AGRICULTURE (IN HIS
)
OFFICIAL CAPACITY)
)
)
Defendants.
)
)

Case No. 1:07-cv-01610-LJO-JLT
STIPULATION REGARDING USE OF
DISCOVERY FROM PRIOR
LITIGATION

WHEREAS, the lawsuit California Table Grape Commission v. R.B. Sandrini, et al., No.

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1:06-cv-00842-OWW-TAG (E.D.Cal.) (the “Sandrini Case”), involved some issues common to

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those in the present lawsuit, and the parties to this case wish to avoid the unnecessary duplication of

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discovery efforts already expended in the prior litigation;

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WHEREAS, Defendant the California Table Grape Commission (“Commission”) was
STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION

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previously a party to, and produced documents in, the Sandrini Case;
WHEREAS, Defendant United States Department of Agriculture produced documents
pursuant to a third-party subpoena in the Sandrini Case;
WHEREAS, third parties RB Sandrini, Inc., RB Sandrini Farms, L.P., and Richard B.
Sandrini were previously parties to, and produced documents in, the Sandrini Case;

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WHEREAS, third party Lawrence Ludy produced documents in the Sandrini Case;

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WHEREAS, information in certain documents and deposition transcripts in the Sandrini

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Case, as well as other documents containing that information, were designated as Confidential under

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the Stipulated Protective Order Regarding Confidential Discovery entered in the Sandrini case on

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November 13, 2006;
WHEREAS, certain documents containing confidential information were filed under seal in
the Sandrini case;
WHEREAS, the Protective Order in the Sandrini case states that Confidential materials may
be shared with “[o]thers, if the parties so agree in writing or orally on the record”;

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WHEREAS, the Protective Order in the Sandrini case states that “Confidential Materials

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may be used or disseminated by the parties receiving them only for purposes of prosecuting and

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defending these actions”;

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WHEREAS, the Scheduling Order entered in this case on February 16, 2012 states: “The

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parties agree that the discovery adduced in the Sandrini matter may be used in this litigation. The

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parties SHALL NOT duplicate this discovery but may, as needed, seek additional discovery on

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topics implicated by the Sandrini discovery”;

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IT IS HEREBY STIPULATED by the parties to this case, and by third parties RB Sandrini,

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Inc., RB Sandrini Farms, L.P., Richard B. Sandrini and Lawrence Ludy, through their respective

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counsel, subject to approval by the Court, as follows:

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1.

Any documents produced during discovery in the Sandrini Case may be used in the

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present lawsuit as though such documents were produced during the course of discovery in the

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present lawsuit and need not be produced again;

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2.

Any deposition testimony given by any party or third party witness during discovery
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STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION

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in the Sandrini case may be used in the present lawsuit as though such testimony was provided

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during the course of discovery in the present lawsuit;

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3.

Counsel for the Commission and counsel for the third parties that produced

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documents in the Sandrini Case may provide documents produced in the Sandrini case to the parties

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to this case; and

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4.

The documents and deposition transcripts subject to this stipulation that were

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previously designated “Confidential” under the Stipulated Protective Order entered in the Sandrini

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case shall be governed by the Stipulated Protective Order entered in the present litigation as though

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such materials were designated “Confidential” under the Stipulated Protective Order entered in this

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litigation.
By stipulating hereto, the parties are not waiving any objections regarding the admissibility
of any evidence.

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STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION

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DATED: May 14, 2012

LAW OFFICES OF BRIAN C. LEIGHTON
BRIAN C. LEIGHTON (SBN 090907)
701 Pollasky Avenue
Clovis, CA 93612
Phone: [phone]
Facsimile: [phone]
[e-mail]
Attorney for Plaintiffs DELANO FARMS
COMPANY; FOUR STAR FRUIT, INC.;
GERAWAN FARMING, INC.

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LAWRENCE M. HADLEY (SBN 157728)
MCKOOL SMITH HENNIGAN, P.C.
865 South Figueroa Street, Suite 2900
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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THE LAW OFFICES OF RALPH B. WEGIS
RALPH B. WEGIS (SBN 67966)
1930 Truxtun Avenue
Bakersfield, CA 93301
Telephone: [phone]
Facsimile: [phone]
/s/ Lawrence M. Hadley (as authorized 5-14-12)
By __________________________
Lawrence M. Hadley
Attorneys for Plaintiffs DELANO FARMS
COMPANY; FOUR STAR FRUIT, INC.;
GERAWAN FARMING, INC.; and for ThirdParties RB SANDRINI, INC., RB SANDRINI
FARMS, L.P., RICHARD SANDRINI, and
LAWRENCE LUDY

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STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION

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DATED: May 14, 2012

STUART DELERY
Acting Assistant Attorney General
BENJAMIN B. WAGNER
United States Attorney
JOHN FARGO
Director, Intellectual Property Staff
COMMERCIAL LITIGATION BRANCH
CIVIL DIVISION
UNITED STATES DEPARTMENT OF JUSTICE
Washington, D.C. 20530
Telephone: [phone]
/s/ John Fargo (as authorized 5-14-12)
By __________________________
John Fargo
Attorneys for Defendants
THE UNITED STATES OF AMERICA, THE
UNITED STATES DEPARTMENT OF
AGRICULTURE, AND TOM VILSACK

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STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION

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DATED: May 14, 2012
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WILMER CUTLER PICKERING
HALE AND DORR LLP
Randolph D. Moss (pro hac vice)
Brian M. Boynton
(SBN 222193)
Thomas G. Saunders (pro hac vice)
Deborah A. Yates
(pro hac vice)
1875 Pennsylvania Avenue, N.W.
Washington, D.C. 20006
[phone]
[phone] (fax)
[e-mail]
[e-mail]
/s/ Brian M. Boynton
By __________________________
Brian M. Boynton

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Attorneys for Defendant THE CALIFORNIA
TABLE GRAPE COMMISSION

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IT IS SO ORDERED.

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Dated:

May 15, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION