Linde, LLC v. Valley Protein, LLC et al

Filing 40

ORDER rejecting stipulation to extend the dispositive motion deadline and setting a status conference as follows: 1) The stipulation and proposed order filed on December 8, 2017, is REJECTED and shall have no force and effect on the current schedule; 2) The Court hereby sets a Telephonic Status Conference for Tuesday, January 23, 2018, at 10:00 a.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. To appear telephonically, the parties are directed to use the following dial-in num ber and passcode: 1-888-251-2909; passcode 1024453. The Court will address the proposed modification of the dispositive motion deadline at that time; and 3) The Court will permit the parties to conduct depositions outside of the non-expert discovery deadline as proposed in the parties' stipulation. Order signed by Magistrate Judge Erica P. Grosjean on 12/11/2017. (Rooney, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDE, LLC,
Plaintiff,

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v.
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1:16-cv-00527-DAD-EPG
ORDER REJECTING STIPULATION TO
EXTEND THE DISPOSITIVE MOTION
DEADLINE, AND SETTING STATUS
CONFERENCE

VALLEY PROTEIN, LLC, et al.,
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Defendants.

(ECF No. 39.)

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On December 8, 2017, the parties filed a stipulation proposing to extend the dispositive

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motion deadline from February 2, 2018 to April 6, 2018. (ECF No. 39.) The parties state that

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they seek this extension because counsel for defendant, Russell K. Ryan, Esq., may be unable

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to prepare for or attend the depositions of Defendant’s person most knowledgeable and

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Plaintiff’s person most knowledgeable now set for December 12 through December 14, 2017.

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The parties also state that they are continuing to explore settlement, and have agreed to

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continue the depositions until mutually agreeable dates in January 2018. The parties contend

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that the proposed extension will not in any way affect the other dates set by this Court.

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The Court believes that this extension will affect the pretrial conference and trial dates

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currently set in this action. (ECF No. 38.) A dispositive motion cut-off of April 6, 2018 will not

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allow sufficient time for a pretrial conference of June 4, 2018 or trial on August 7, 2018. The

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Court is also concerned in light of the previous extension granted in this case, which already

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extended trial date at the parties’ request. (ECF No. 38)

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The therefore schedules a status conference to discuss extension to ensure the case is
moving forward efficiently and that any changes to the trial date are justified and final.

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Based on the foregoing, it is HEREBY ORDERED that:

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1.

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The stipulation and proposed order filed on December 8, 2017 is REJECTED
and shall have no force and effect on the current schedule;

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The Court hereby sets a telephonic status conference for Tuesday, January 23,

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2018 at 10:00 a.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P.

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Grosjean. To appear telephonically, the parties are directed to use the following

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dial-in number and passcode: 1-888-251-2909; passcode 1024453. The Court

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will address the proposed modification of the dispositive motion deadline at that

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time.

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3.

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The Court will permit the parties to conduct depositions outside of the nonexpert discovery deadline as proposed in the parties’ stipulation.

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IT IS SO ORDERED.
Dated:

December 11, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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