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

Filing 66

ORDER re 47 MOTION to COMPEL The Production of Documents and Privilege Log. Pursuant to the parties' Stipulation and good cause appearing therefore, it is ordered, with respect to Defendant's motion to compel, as follows: 1) With respect to the Motion for production of documents responsive to Request No. 3, Plaintiff represents that it has already produced all documents concerning the utilization of the FMC Machine and that it has no documents concerning modification of the FMC Mach ine. Plaintiff shall produce all responsive documents concerning the performance of the FMC Machine (i.e., down-time and re-validation) on or before September 1, 2010; 2) With respect to the Motion for production of documents responsive to Request No . 5, the Court denies the Motion, except that Paramount shall produce documents relating to the tax treatment/depreciation for the Ventilex pasteurizer, to the extent such documents exist, on or before September 1, 2010; and 3) Plaintiff shall produce a privilege log on or before September 1, 2010. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2010. (Timken, A)

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

Doc. 66

1 ANDREW S. CLARE (SBN 050289) [e-mail] 2 LOEB & LOEB LLP 10100 Santa Monica Blvd., Suite 2200 3 Los Angeles, California 90067-4120 Telephone: [phone] Facsimile: 310-282-2200 5 CHRISTOPHER VAN GUNDY (SBN 152359) 6 [e-mail] ADAM P. ZAFFOS (SBN 217669) 7 [e-mail] ROLL LAW GROUP P.C. 8 11444 West Olympic Blvd., 10th Floor Los Angeles, CA 90064-1557 9 Telephone: [phone] Facsimile: 310-966-8810 10 Attorneys for Plaintiff 11 PARAMOUNT FARMS, INC. 12 13 14 15 16

DONALD H. CHASE pro hac vice [e-mail] EDWARD P. GILBERT pro hac vice [e-mail] LATISHA V. THOMPSON pro hac vice [e-mail] MORRISON COHEN LLP 909 Third Avenue New York, New York 10022 Telephone: [phone] Direct Fax: [phone] Main Fax: [phone] ALAN S. PETLAK (SBN 179362) [e-mail] BALLARD SPAHR LLP 2029 Century Park East, Suite 800 Los Angeles, CA 90067 Telephone: [phone] Facsimile: 424-204-4350 Attorneys for Defendant VENTILEX B.V.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 08-CV-01027-LJO-SKO Assigned to Hon. Lawrence J. O'Neill Assigned to Hon. Magistrate Sheila K. Oberto STIPULATION

17 PARAMOUNT FARMS, INC., a Delaware corporation, 18 Plaintiff, 19 v. 20 VENTILEX B.V., a business entity of 21 form unknown; and DOES 1-20 inclusive, 22 Defendants. 23 24 25 26 27 28
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Complaint filed: July 18, 2008

ORDER

Dockets.Justia.com

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Plaintiff Paramount Farms, Inc. ("Plaintiff" or "Paramount") and Defendant

2 Ventilex B.V. ("Defendant" or "Ventilex"), by and through their respective counsel, 3 hereby agree as follows: 4 Whereas, on or about July 27, 2010, Defendant filed a motion to compel 5 disclosure of documents (the "Motion"), including (a) all documents responsive to 6 Request No. 3 contained in Defendant Ventilex B.V.'s First Set of Requests for 7 Production of Documents, including, without limitation, all documents concerning 8 the performance, utilization or modification of the FMC Machine; (b) all documents 9 responsive to Request No. 5 contained in Defendant Ventilex B.V.'s First Set of 10 Requests for Production of Documents, including, without limitation, all documents 11 evidencing the combined financial statements of Plaintiff Paramount Farms, Inc.; 12 and (c) a privilege log pursuant to Federal Rule of Civil Procedure 26(b)(5); 13 Whereas, after continued attempts to meet and confer, the parties reached 14 agreement with respect to the production of documents responsive to Request No. 3 15 and the privilege log; 16 18 Whereas, the parties appeared by telephone before the Honorable Sheila K. Whereas, the Court denied the Motion for disclosure of Paramount's 17 Oberto on August 27, 2010 for argument on the remainder of the Motion; 19 combined financial statements, except to order that Paramount produce documents 20 relating to the tax treatment/depreciation for the Ventilex pasteurizer, to the extent 21 such documents exist; 22 NOW, THEREFORE, Plaintiff Paramount Farms, Inc. and Defendant 23 Ventilex B.V., by and through their respective counsel, hereby stipulate and agree as 24 follows: 25 1. With respect to the Motion for production of documents responsive to 26 Request No. 3, Plaintiff represents that it has already produced all documents 27 concerning the utilization of the FMC Machine and that it has no documents 28
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STIPULATION .

1 concerning modification of the FMC Machine. Plaintiff shall produce all responsive 2 documents concerning the performance of the FMC Machine (i.e., down-time and 3 re-validation) on or before September 1, 2010; 4 2. With respect to the Motion for production of documents responsive to 5 Request No. 5, the Court denies the Motion, except that Paramount shall produce 6 documents relating to the tax treatment/depreciation for the Ventilex pasteurizer, to 7 the extent such documents exist, on or before September 1, 2010; and 8 10 11 Dated: 12 13 14 15 16 Dated: 17 18 19 20 21 22 23 24 25 26 27 28
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3.

Plaintiff shall produce a privilege log on or before September 1, 2010.

9 IT IS SO STIPULATED. August 30, 2010 ROLL LAW GROUP P.C. By: /s/ Adam P. Zaffos_______ Adam P. Zaffos Attorneys for Plaintiff PARAMOUNT FARMS, INC. August 30, 2010 BALLARD SPAHR LLP By: /s/ Alan S. Petlak_____________ Alan S. Petlak and MORRISON COHEN LLP Donald H. Chase Edward P. Gilbert Latisha V. Thompson Attorneys for Defendant VENTILEX B.V.

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STIPULATION

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ORDER Pursuant to the parties' Stipulation and good cause appearing therefore, it is With respect to the Motion for production of documents responsive to

3 ordered, with respect to Defendant's motion to compel (the "Motion"), as follows: 5 Request No. 3, Plaintiff represents that it has already produced all documents 6 concerning the utilization of the FMC Machine and that it has no documents 7 concerning modification of the FMC Machine. Plaintiff shall produce all responsive 8 documents concerning the performance of the FMC Machine (i.e., down-time and 9 re-validation) on or before September 1, 2010; 10 2. With respect to the Motion for production of documents responsive to 11 Request No. 5, the Court denies the Motion, except that Paramount shall produce 12 documents relating to the tax treatment/depreciation for the Ventilex pasteurizer, to 13 the extent such documents exist, on or before September 1, 2010; and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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3.

Plaintiff shall produce a privilege log on or before September 1, 2010.

IT IS SO ORDERED. Dated:

August 31, 2010
DEAC_Signature-END:

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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STIPULATION