Linde, LLC v. Valley Protein, LLC et al

Filing 38

STIPULATION AND ORDER GRANTING the parties' request for an extension of the following deadlines: Non-Expert Discovery due by 9/15/2017; Designation of Expert Witnesses due by 10/17/2017; Rebuttal Designation of Expert Witnesses due by 11/17/201 7; Expert Discovery due by 12/18/2017; Dispositive Motions filed by 2/2/2018; Pretrial Conference set for 6/4/2018 at 01:30 PM before District Judge Dale A. Drozd; Jury Trial set for 8/7/2018 at 01:00 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Erica P. Grosjean on 6/26/2017. (Rooney, M)

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Russell K. Ryan, #139835
MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
1690 West Shaw Avenue, Suite 200
Fresno, California 93711
Telephone [phone]
Facsimile [phone]
Attorneys for Defendant Valley Protein, LLC

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McGLINCHEY STAFFORD
Adam S. Hamburg (SBN 247127)
18201 Von Karman Ave., Suite 350
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff LINDE, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

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LINDE, LLC,
Plaintiff,

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v.

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VALLEY PROTEIN, LLC, , and DOES 1
to 10;

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Case No.: 1:16-CV-00527-DAD-EPG
JOINT STATUS REPORT RE
REQUEST FOR EXTENSION OF
DISCOVERY DEADLINES AND
DEADLINE TO FILE DISPOSITIVE
MOTIONS; DECLARATIONS OF
COUNSEL IN SUPPORT THEREOF;
ORDER THEREON

Defendants.

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Pursuant to the Court’s Scheduling Order Setting Status Conference,

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Plaintiff Linde, LLC (“Plaintiff”) and Defendant Valley Protein, LLC (“Defendant”)

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respectfully submit this Joint Status Report.

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///

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///

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///

MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

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I

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REQUESTED EXTENSIONS

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Current Deadline

New Deadline

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Non Expert Discovery Cutoff

June 16, 2017

September 15, 2017

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Expert Disclosure

July 17, 2017

October 17, 2017

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Rebuttal Expert Disclosure

August 17, 2017

November 17, 2017

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Expert Discovery Cutoff

September 18, 2017

December 18, 2017

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Dispositive Motion Deadline

November 1, 2017

February 2, 2017

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II

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DISCOVERY TO DATE

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Both parties have engaged in initial disclosures and extensive written

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discovery, with recent requests geared toward the recently filed counterclaim, the

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allegations contained therein and the affirmative defenses alleged in the answers to the

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complaint and the counterclaim. Both parties have produced extensive documents

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related to the various claims and defenses asserted in the matter, which has taken

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substantial time to review and analyze.

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Further, the parties recently participated in nearly a full-day early

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settlement conference before this court, and have al all times worked cooperatively to

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streamline discovery and attempt to resolve the dispute without extensive costs in

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discovery.

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III

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DISCOVERY TO BE COMPLETED

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A.

Linde, LLC
Plaintiff is awaiting responses to outstanding written discovery. It agreed

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to an extension which makes Defendant’s responses due the week of June 26th. After

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Plaintiff receives and reviews the complete responses to its outstanding written

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discovery, it needs to depose Defendant’s persons most knowledgeable, Robert Coyle,

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and Durbin Breckenridge.

MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

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B.

Valley Protein, LLC
Defendant Valley Protein, LLC has responded to the outstanding

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discovery requests propounded by Linde, producing an additional 700 documents, on

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June 23, 2017. Due to the press of business, counsel for Defendant has been unable to

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set aside the time to complete the necessary depositions in this matter due to his

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involvement in the negotiation of a settlement of two class action involving nearly 3,500

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employees that were filed in two separate courts (requiring a motion for consolidation

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before the California Judicial Council). Counsel has been engaged nearly 24/7 for

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weeks with these two actions, and only recently has counsel in the class action cases

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finally agreed to informally consolidate the matters, to collectively settle them and have

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been preparing the settlement documentation. To compound the issues, Mr. Ryan has

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multiple parties funding the class action settlement and three additional sets of attorneys

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with which to coordinate on his end alone. The issues have finally reached a point

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where Mr. Ryan’s schedule is clearing up so that he can turn his attention to other

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pressing matters, including the instant matter.

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Valley Protein will need to coordinate the scheduling of the depositions of

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the person(s) most knowledgeable of Linde, and the deposition of Mike Iannelli and

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Amanda Guzman. There may be other depositions necessary once testimony has been

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heard. Mr. Ryan will be out of the office on a long-planned vacation from July 5, 2017

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through July 22, 2017 and would like to provide dates to opposing counsel that are

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mutually available for both parties so that the depositions can be taken in an orderly

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fashion, along with those that Linde will necessarily need to take in the matter. Mr.

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Ryan respectfully submits that this is good cause for the extensions requested in the

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prior stipulation filed with the court, and in this joint status report.

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Dated: June 23, 2017

MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP

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By:

/s/Russell K. Ryan
Russell K. Ryan, Attorneys for
Defendant Valley Protein, LLC

MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

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Dated: June_23, 2017

McGLINCHEY STAFFORD
By:

/s/Adam S. Hamburg
Adam S. Hamburg, Attorneys for
Plaintiff Linde, LLC

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

DECLARATION OF ADAM HAMBURG

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I, Adam Hamburg, declare:

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action. I have prepared this Declaration as evidence in support of the parties’ Joint
Status Report Re Request for Extension of Discovery Deadlines and Deadline to File
Dispositive Motions (the “Joint Report”). The matters set forth herein are true based
upon my personal knowledge and, if called to testify in this matter, I could and would
competently testify under oath to the facts and circumstances stated herein.
2.

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to extend those deadlines as more specifically set forth in the Joint Report.
3.

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for production of documents. Due to the document driven nature of this case, it was
necessary for Plaintiff to propound a second set of written discovery. Plaintiff has
provided Defendant with a courtesy extension through the week of June 26th to provide
its responses.
4.

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After completion of written discovery, Plaintiff must depose

Defendant’s persons most knowledgeable, Robert Coyle, and Durbin Breckenridge.
Plaintiff requires sufficient time to review Defendant’s written discovery responses to
allow for meaningful depositions.
5.

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Since the initiation of this case, the parties have engaged in

extensive written discovery including exchanges of written interrogatories and requests

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On August 5, 2016, this Court entered the Scheduling Conference

Order, setting certain discovery and dispositive motion deadlines. Plaintiff now wishes

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I am the attorney of record for the Plaintiff in the above-entitled

Due to the robust exchange of discovery, Plaintiff requires more

time to complete discovery to gather all available facts, evaluate the merits of the
defenses, prepare dispositive motions, and possibly further explore resolution of this
case.
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In addition to diligently pursuing discovery, the parties have taken

steps in exploring settlement such as participating in a day long settlement conference.

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

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Plaintiff believes that the extension of the discovery and dispositive motion deadlines

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will further allow the parties to explore settlement.

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Based on the foregoing, Plaintiff submits that good cause exists to

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extend the discovery and dispositive motion deadlines as more specifically stated in the

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Joint Report. The proposed amendments to the Scheduling Conference Order will cause

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no prejudice to either party since both parties have agreed to the extension, and because

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the proposed amendments will not affect the other dates set by this Court including the

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date set for trial.

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I declare under penalty of perjury under the laws of the Unites States of

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America that the foregoing is true and correct to the best of my knowledge, information

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and belief. Executed on this 23rd day of June, 2017, at Irvine, California.

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/s/ Adam Hamburg

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

DECLARATION OF RUSSELL K. RYAN

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I am a partner in the law firm of Motschiedler, Michaelides,

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Wishon, Brewer & Ryan, LLP, and the attorney of record for Valley Protein, LLC

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(“Valley Protein”). I make the following declaration of my own personal knowledge

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and if called upon to testify, could and would competently testify thereto.

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2.

Both parties have engaged in initial disclosures and extensive

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written discovery, with recent requests geared toward the recently filed counterclaim,

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the allegations contained therein and the affirmative defenses alleged in the answers to

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the complaint and the counterclaim. Both parties have produced extensive documents

10

related to the various claims and defenses asserted in the matter, which has taken

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substantial time to review and analyze.

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3.

Further, the parties recently participated in nearly a full-day early

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settlement conference before this court, and have at all times worked cooperatively to

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streamline discovery and attempt to resolve the dispute without extensive costs in

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discovery.

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4.

Due to the press of business, I have been unable to complete the

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necessary depositions in this matter due to my involvement in the negotiation of a

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settlement of two class action cases involving nearly 3,500 employees that were filed in

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two separate courts (requiring a motion for consolidation before the California Judicial

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Council). I have been engaged nearly 24/7 for weeks with these two actions, and only

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recently has counsel in the class action cases finally agreed to informally consolidate the

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matters, to collectively settle them and have been preparing the settlement

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documentation. To compound the issues, I have multiple parties funding the class

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action settlement and three additional sets of attorneys with which to coordinate on my

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end alone. The issues have finally reached a point where my schedule is clearing up so

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that I can turn his attention to other pressing matters, including the instant matter.

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5.

Valley Protein will need to coordinate the scheduling of the

depositions of the person(s) most knowledgeable of Linde, and the deposition of Mike

MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

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Iannelli and Amanda Guzman. There may be other depositions necessary once

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testimony has been heard. I will be out of the office on a long-planned vacation from

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July 5, 2017 through July 22, 2017, and would like to provide dates to opposing counsel

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that are mutually available for both parties so that the depositions can be taken in an

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orderly fashion, along with those that Linde will necessarily need to take in the matter.

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I respectfully submit that this is good cause for the extensions requested in the prior

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stipulation filed with the court, and in this joint status report.

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I declare under penalty of perjury under the laws of the United States that
the foregoing is true and correct.
Executed this 23rd day of June 2017 at Fresno, California.

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/s/Russell K. Ryan

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}

ORDER

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Based upon the stipulation of the parties and good cause appearing, the Court
orders that the discovery and dispositive motion deadlines be extended as follows:
Current Deadline

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New Deadline

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Non Expert Discovery Cutoff

June 16, 2017

September 15, 2017

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Expert Disclosure

July 17, 2017

October 17, 2017

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Rebuttal Expert Disclosure

August 17, 2017

November 17, 2017

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Expert Discovery Cutoff

September 18, 2017

December 18, 2017

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Dispositive Motion Deadline

November 1, 2017

February 2, 2018

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Pretrial Conference

January 8, 2018

June 4, 2018 at 1:30 pm

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Jury Trial

March 13, 2018

August 7,2018 at 1:00 pm

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IT IS SO ORDERED.
Dated:

June 27, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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MOTSCHIEDLER,
MICHAELIDES,
WISHON, BREWER &
RYAN, LLP

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____________________________________________________________________________________________
Joint Status Report
{04905/0015//492411.DOC}