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)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
10
LINDE, LLC,
Plaintiff,
11
v.
12
1:16-cv-00527-DAD-EPG
ORDER REJECTING STIPULATION TO
EXTEND THE DISPOSITIVE MOTION
DEADLINE, AND SETTING STATUS
CONFERENCE
VALLEY PROTEIN, LLC, et al.,
13
Defendants.
(ECF No. 39.)
14
15
On December 8, 2017, the parties filed a stipulation proposing to extend the dispositive
16
motion deadline from February 2, 2018 to April 6, 2018. (ECF No. 39.) The parties state that
17
they seek this extension because counsel for defendant, Russell K. Ryan, Esq., may be unable
18
to prepare for or attend the depositions of Defendant’s person most knowledgeable and
19
Plaintiff’s person most knowledgeable now set for December 12 through December 14, 2017.
20
The parties also state that they are continuing to explore settlement, and have agreed to
21
continue the depositions until mutually agreeable dates in January 2018. The parties contend
22
that the proposed extension will not in any way affect the other dates set by this Court.
23
The Court believes that this extension will affect the pretrial conference and trial dates
24
currently set in this action. (ECF No. 38.) A dispositive motion cut-off of April 6, 2018 will not
25
allow sufficient time for a pretrial conference of June 4, 2018 or trial on August 7, 2018. The
26
Court is also concerned in light of the previous extension granted in this case, which already
27
extended trial date at the parties’ request. (ECF No. 38)
28
1
1
2
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.
3
Based on the foregoing, it is HEREBY ORDERED that:
4
1.
5
6
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,
7
2018 at 10:00 a.m. in Courtroom 10 (EPG) before Magistrate Judge Erica P.
8
Grosjean. To appear telephonically, the parties are directed to use the following
9
dial-in number and passcode: 1-888-251-2909; passcode 1024453. The Court
10
will address the proposed modification of the dispositive motion deadline at that
11
time.
12
3.
13
The Court will permit the parties to conduct depositions outside of the nonexpert discovery deadline as proposed in the parties’ stipulation.
14
15
16
IT IS SO ORDERED.
Dated:
December 11, 2017
/s/
UNITED STATES MAGISTRATE JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?