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

Filing 220

ORDER Following Status Conference, signed by District Judge Sam E. Haddon on 4/5/2013. (Bench Trial set for 6/10/2013 at 08:30 AM in Visiting Judge (TBD) before District Judge Sam E. Haddon.) (Marrujo, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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

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I :07-CV -01 61 O-SEH-JLT
ORDER FOLLOWING STATUS
CONFERENCE

Plaintiffs,

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vs.

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THE CALIFORNIA TABLE GRAPE
COMMISSION; UNITED STATES OF
AMERiCA; UNITED STATES
DEPARTMENT OF AGRiCULTURE;
AND TOM VILSACK, SECRETARY
OF THE UNITED STATES
DEPARTMENT OF AGRiCULTURE
(IN HIS OFFICIAL CAPACITY),
Defendants.

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The Court conducted a status conference by telephone on April 5, 2013. Plaintiffs were

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represented by Lawrence M. Hadley, Esq.

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represented by Randolph D. Moss, Esq. and Thomas Saunders, Esq. Defendants United States of

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America, United States Department of Agriculture, and Tom Vilsack as Secretary of The United States

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Department of Agriculture were represented by John J. Fargo, Esq. The parties may, in lieu of the

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following, file a formal pretrial order consistent with the local rules if they so choose.

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ORDERED:

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I.

Defendant California Table Grape Commission was

A bench trial (5 days) will commence on June 10,2013, at 8:30 a.m., at the Fresno

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Federal Courthouse, Fresno, California.

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2.

An original and two copies of proposed findings of fact and conclusions of law shall be

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filed with the Court on or before May 17, 2013. Each party shall e-mail a copy of its proposed findings

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of fact and conclusions oflaw to the Court's proposed order inbox at [e-mail].

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3.

Trial briefs directed to the issues to be resolved at trial shall be filed and served on

opposing counsel on or before May 17, 2013.

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4.

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The parties shall file exhibit lists and objections thereto on or before May 17,2013.

Exhibits

a.

Exhibits are to be bound in a loose-leaf binder and exchanged with
opposing counsel prior to their submission.

b.

Each exhibit shall bear an extended tab showing the number of the
exhibit.

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c.

Exhibits and exhibit numbers are not to be duplicated.

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d.

The original and two copies of document exhibits are required. The
two copies are to be delivered to the Clerk of Court on or before May
17, 2013. One copy will be for use by witnesses during trial. The other
copy is to be marked "Court's Copy" and will be for the Court's use
during rnal.

f.

Any admitted exhibit may be used by any party.

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4.

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Each party shall submit a list of witnesses on or before May 17, 2013, together with a summary

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Witnesses

statement of each witness's anticipated testimony.
Stipulated Facts

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5.

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The parties shall file ajoint statement of agreed facts on or before May 17,2013.

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6.

Each party shall inform the Court on or before May 17, 2013, of any statement or

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statements offact contained in Judge O'Neill's Memorandum Decision and Order Re: Cross Motions

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for Summary Judgment I as to which the party is unwilling to stipulate as accepted, proven, and no longer

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in dispute for purposes of trial on the merits of remaining issues. Each such factual statement shall be

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'Document No. 217.

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referenced to Judge O'Neill's Memorandum Decision by page and line and shall be accompanied by a
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summary of whatever otheavidenee will be offered at trial to challenge the contested matter.
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DATED this ~ day of April, 2013.

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United States District Judge

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