Tavie Diversified, INC., a California Corporation et al v. The Pictsweet Company, a Delaware corporation

Filing 34

ORDER on STIPULATION TO REVISE SCHEDULING ORDER. 1) The deadline for completion of non-expert discovery is continued to June 30, 2014. 2) The deadline for disclosure of expert witnesses is continued to July 31, 2014. 3) The deadline for supplemental expert witness disclosure is continued to August 30, 2014. 4) The deadline for completion of expert discovery is continued to September 22, 2014. 5) The deadline for filing non-dispositive and dispositive motions is continued to October 1, 2014. 6) The deadline for hearing non-dispositive and dispositive motions is continued to October 29, 2014. 7) All other dates per the court's scheduling order of November 14, 2013 (Doc. 24 ) remain unchanged. Order signed by Magistrate Judge Sheila K. Oberto on 4/22/2014. (Timken, A)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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TAVIE DIVERSIFIED, INC., a California
Corporation; OCTAVIA DIENER, in her
capacity as TRUSTEE of the OCTAVIA
DIENER LIVING TRUST, C.M.A., a
California general partnership; and RED
ROCK RANCH, INC., a California
corporation,

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v.
THE PICTSWEET COMPANY, a Delaware
corporation, and DOES 1 through 20,
inclusive,
Defendants.

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STIPULATION TO REVISE
SCHEDULING ORDER AND ORDER
THEREON

Plaintiffs,

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Case No. 1:13-cv-00901-SKO

and related Counterclaim

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Plaintiffs/Counter-defendants Tavie Diversified, Inc., C.M.A., Octavia Diener Living

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Trust, and Red Rock Ranch, Inc. ("Plaintiffs") and Defendant/Counterclaimant The Pictsweet

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Company ("Defendant"), by their attorneys, stipulate as follows:

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A. Recitals
13cv901.o.Pictsweet.Scheduling.nh

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STIP REVISE SCHEDULING ORD; ORDER
THEREON

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1.

Plaintiffs and Defendant are in the process of completing their non-expert

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discovery in the case. As part of this discovery process, Plaintiffs and Defendant have
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discovered facts prompting the need for more written discovery and depositions of percipient
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witnesses.
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2.

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parties to complete their non-expert discovery by the current deadline of May 23, 2014. The
parties further agree that there would be no burden in continuing the fact-discovery deadline
because the trial in this matter is not set until January 27, 2015.
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continued.
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as previously agreed and set by the court.
B. Stipulation
Wherefore, the parties stipulate and agree as follows:
A.

C.

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The deadline for supplemental expert witness disclosure is continued to August

30, 2014.
D.

The deadline for completion of expert discovery is continued to September 22,

E.

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The deadline for disclosure of expert witnesses is continued to July 31, 2014.

2014.

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The deadline for completion of non-expert discovery is continued to June 30,

B.

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The parties continue to agree the case will be ready for trial on January 27, 2015

and that this stipulation is being entered into in consideration of the January 27, 2015 trial date

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As part of continuing the fact discovery deadline, the parties agree that the

deadlines for expert discovery and non-dispositive and dispositive motions should be

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Plaintiffs and Defendant recognize that it would be unduly burdensome for all

The deadline for filing non-dispositive and dispositive motions is continued to

2014.

October 1, 2014.
F.

The deadline for hearing non-dispositive and dispositive motions is continued to

October 31, 2014.
13cv901.o.Pictsweet.Scheduling.nh

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STIP REVISE SCHEDULING ORD; ORDER
THEREON

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G.

All other dates per the court's scheduling order of November 14, 2013 (Doc. 24)

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remain unchanged.
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Date: April 17, 2014

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

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By:

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/s/ Connie M. Parker
DAVID J. COOPER
CONNIE M. PARKER
Attorneys for Defendant and
Counterclaimant

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Date: April 17, 2014

WALTER & WILHELM LAW GROUP

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By:
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/s/ Michael L. Wilhelm1
MICHAEL L. WILHELM
TRACY E. BLAIR
Attorneys for Plaintiffs and
Counterdefendants

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Electronic signatures are based upon the signatures in the parties' stipulation filed at Docket No. 32.
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STIP REVISE SCHEDULING ORD; ORDER
THEREON

13cv901.o.Pictsweet.Scheduling.nh

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ORDER

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For good cause and based on the Stipulation of Plaintiffs/Counter-defendants Tavie
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Diversified, Inc., C.M.A., Octavia Diener Living Trust, and Red Rock Ranch, Inc. and
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Defendant/Counterclaimant The Pictsweet Company, the court revises the Scheduling Order
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dated November 14, 2013 (Doc. 24) as follows:
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1.

The deadline for completion of non-expert discovery is continued to June 30,

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2014;
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2.

The deadline for disclosure of expert witnesses is continued to July 31, 2014;

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The deadline for supplemental expert witness disclosure is continued to August

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30, 2014;
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4.

The deadline for completion of expert discovery is continued to September 22,

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2014;
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5.

The deadline for filing non-dispositive and dispositive motions is continued to

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October 1, 2014;
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6.
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The deadline for hearing non-dispositive and dispositive motions is continued to
October 29, 2014;2

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7.

All other dates per the court's scheduling order of November 14, 2013 (Doc. 24)

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remain unchanged.
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IT IS SO ORDERED.

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Dated:

April 22, 2014

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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The Court modified the parties' proposed motion hearing deadline of Friday, October 31, 2014, to Wednesday,
October 29, 2014, as the Court hears law and motion on Wednesdays at 9:30 a.m.
13cv901.o.Pictsweet.Scheduling.nh
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STIP REVISE SCHEDULING ORD; ORDER
THEREON

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13cv901.o.Pictsweet.Scheduling.nh

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STIP REVISE SCHEDULING ORD; ORDER
THEREON