Paramount Farms, Inc. vs. Ventilex B.V.

Filing 27

STIPULATION to Extend Discovery, Pre-Trial and Trial Deadlines; ORDER - Expert disclosing by 3/26/2010 and deadline for completing discovery relating to experts by 4/30/2010. Discovery pertained to non-experts by 4/30/2010. Dispositive Motions and Non-Dispositive Motions by 7/10/2010. JURY TRIAL set for 10/25/2010 (was 4/26/2010) at 08:30 AM and PRETRIAL CONFERENCE set 8/24/2010 (was 3/19/2010) 8:30 AM in Courtroom 4(LJO) before District Judge Lawrence J. O'Neill. signed by Judge Sandra M. Snyder on 11/30/2009. (Herman, H)

1 JAMES L. GOLDMAN (State Bar Number 57127) ([e-mail]) 2 ALAN S. PETLAK (State Bar Number 179362) ([e-mail]) 3 PIRCHER, NICHOLS & MEEKS 1925 Century Park East, Suite 1700 4 Los Angeles, California 90067 Telephone: [phone] Facsimile: 310.201.8922 6 DONALD H. CHASE (admitted pro hac vice) ([e-mail]) 7 LATISHA V. THOMPSON (admitted pro hac vice) ([e-mail]) 8 MORRISON COHEN LLP 909 Third Avenue 9 New York, New York 10022 Telephone: [phone] Facsimile: 212.735.8708 11 Attorneys for Defendant VENTILEX B.V. 12 13 14 15 16 PARAMOUNT FARMS, INC., a Delaware corporation, 17 Plaintiff, 18 vs. 19 VENTILEX B.V., a business entity of 20 form unknown; and DOES 1-20, inclusive, 21 Defendants. 22 23 Case No. 08-CV-01027-LJO-SMS STIPULATION TO EXTEND DISCOVERY, PRE-TRIAL AND TRIAL DEADLINES; ORDER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

Whereas, pursuant to the Scheduling Conference Order, dated February 24,

24 2009 ("the Scheduling Order"), dates were set for the trial and various pre-trial 25 matters in this action and pursuant to Paragraph 16 of the Scheduling Order the 26 parties were directed to advise the Court immediately if the schedule set forth could 27 not be met; and 28
7326026.3

PDF created with pdfFactory trial version www.pdffactory.com

08-CV-01027-LJO-SMS STIPULATION TO EXTEND DISCOVERY, PRE-TRIAL AND TRIAL DEADLINES; PROPOSED ORDER

1

Whereas, the parties have engaged in extensive discovery since the

2 Scheduling Order was signed, including the exchange of many thousands of pages 3 of documents, and certain depositions, but have not completed discovery; and 4 Whereas, counsel for the parties are currently engaged in an arbitration 5 proceeding entitled Paramount Farms, Inc. v. Ventilex USA, Inc., AAA Case No. 6 72110Y0058108, (the "Arbitration") arising out of the same transaction at issue in 7 this action, and the arbitration hearings are scheduled to be completed in December 8 2009; and 9
PIRCHER, NICHOLS & MEEKS

Whereas, a determination in the Arbitration may resolve and/or limit certain

10 or all of the claims and/or defenses in this action, and it would be disruptive in any 11 event to the continued preparation and conduct of the Arbitration as well as
ATTORNEYS AT LAW 1925 CENTURY PARK EAST, SUITE 1700 LOS ANGELES, CALIFORNIA 90067 TEL [phone] · FAX [phone]

12 counterproductive and inefficient to continue with discovery in this action prior to 13 the completion of the Arbitration; and 14 16 17 19 20 22 1. 2. The discovery deadline for discovery pertaining to non-experts shall be The deadline for disclosing all expert witnesses shall be extended to 21 extended to April 30, 2010. 23 March 26, 2010, and the deadline for completing discovery relating to experts shall 24 be extended to April 30, 2010. 25 27 3. 4. The non-dispositive and dispositive motion filing deadline shall be The pre-trial conference presently scheduled for March 19, 2010, shall 26 extended until July 10, 2010. 28 be adjourned until a date in August to be set by the Court. Now, therefore, Plaintiff Paramount Farms, Inc. and Defendant Ventilex 18 B.V., by and through their respective counsel, hereby stipulate and agree as follows: Whereas, the parties wish to conserve their own and judicial resources and 15 foster an efficient Litigation process.

7326026.3

PDF created with pdfFactory trial version www.pdffactory.com

08-CV-01027-LJO-SMS 2 STIPULATION TO EXTEND DISCOVERY, PRE-TRIAL AND TRIAL DEADLINES; PROPOSED ORDER

1

The trial presently scheduled to begin on April 26, 2010, shall be adjourned to ROLL INTERNATIONAL CORP. - LEGAL DEPT. and LOEB & LOEB LLP ANDREW CLARE MARK CAMPBELL

2 a date in October 2010 to be set by the Court. 3 DATED: November 10, 2009 4 5 6 7 8 9 10
PIRCHER, NICHOLS & MEEKS

11
ATTORNEYS AT LAW 1925 CENTURY PARK EAST, SUITE 1700 LOS ANGELES, CALIFORNIA 90067 TEL [phone] · FAX [phone]

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: November 11, 2009

By: /s/ Christopher Van Gundy Christopher Van Gundy Attorneys for Plaintiff PARAMOUNT FARMS, INC. PIRCHER, NICHOLS & MEEKS JAMES L. GOLDMAN ALAN S. PETLAK and MORRISON COHEN LLP DONALD H. CHASE LATISHA V. THOMPSON

By: /s/ Alan S. Petlak Alan S. Petlak Attorneys for Defendant VENTILEX B.V.

7326026.3

PDF created with pdfFactory trial version www.pdffactory.com

08-CV-01027-LJO-SMS 3 STIPULATION TO EXTEND DISCOVERY, PRE-TRIAL AND TRIAL DEADLINES; PROPOSED ORDER

1 2

ORDER Pursuant to the parties' Stipulation and good cause appearing therefore, it is

3 ordered that discovery deadlines previously set forth in the Scheduling Conference 4 Order dated February 24, 2009, shall be extended as follows: (1) The discovery 5 deadline for discovery pertaining to non-experts shall be extended to April 30, 2010; 6 (2) The deadline for disclosing all expert witnesses shall be extended to March 26, 7 2010, and the deadline for completing discovery relating to experts shall be 8 extended to April 30, 2010; (3) The non-dispositive and dispositive motion filing 9 deadline shall be extended until July 10, 2010; (4) The pre-trial conference presently 10 scheduled for March 19, 2010, shall be adjourned until August 24 , 2010 at 8:30
PIRCHER, NICHOLS & MEEKS

11 a.m.; (5) The trial presently scheduled to begin on April 26, 2010, shall be adjourned
ATTORNEYS AT LAW 1925 CENTURY PARK EAST, SUITE 1700 LOS ANGELES, CALIFORNIA 90067 TEL [phone] · FAX [phone]

12 to October 25, 2010 at 8:30 a.m.. Except as set forth above, the Scheduling 13 Conference Order shall remain unchanged. 14 15 IT IS SO ORDERED. 16 Dated: 17 18 19 20 21 22 23 24 25 26 27 28
November 30, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

7326026.3

PDF created with pdfFactory trial version www.pdffactory.com

08-CV-01027-LJO-SMS 4 STIPULATION TO EXTEND DISCOVERY, PRE-TRIAL AND TRIAL DEADLINES; PROPOSED ORDER