Linde, LLC v. Valley Protein, LLC et al

Filing 49

STIPULATION and ORDER GRANTING a continuance of the following dates: Dispositive Motion filing deadline extended to 8/7/2018; Settlement Conference currently set for 6/28/2018 is continued to 11/8/2018 at 01:00 PM in Courtroom 10 (EPG) before Magist rate Judge Erica P. Grosjean; Pretrial Conference currently set for 8/6/2018 is continued to 12/3/2018 at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd; and Jury Trial currently set for 10/30/2018 is continued and will now be held on 2/26/2019 at 08:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Order signed by Magistrate Judge Erica P. Grosjean on 5/7/2018. (Rooney, M)

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McGLINCHEY STAFFORD
Adam Hamburg (SBN 247127)
18201 Von Karman Avenue, Suite 350
Irvine, California 92612
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

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Attorneys for Plaintiff, Linde, LLC

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Russell K. Ryan, SBN 139835
MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
1690 West Shaw Avenue, Suite 200
Fresno, California 93711
Telephone [phone]
Facsimile [phone]

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Attorneys for Defendant, Valley Protein, 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,

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Case No.: 1:16-CV-00527-DAD-EPG
Plaintiff,
JOINT STIPULATION TO CONTINUE
HEARING AND TRIAL DATES;
DECLARATIONS IN SUPPORT
THEREOF; AND ORDER THEREON

v.
VALLEY PROTEIN, LLC, , and DOES 1 to 10;
Defendants.

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This Joint Stipulation for Continuance of Hearing and Trial Dates (the “Stipulation”) is
entered into by plaintiff

LINDE, LLC (“Plaintiff”) and defendant VALLEY PROTEIN, LLC

(“Defendant” and together with Plaintiff, the “Parties”), by and through their respective attorney of
record based on the following facts:

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RECITALS
1.

Scheduling Order in the subject case as follows:

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a.

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2.

Pretrial Conference was continued from June 4, 2018 to August 6, 2018; and

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Dispositive Motion filing Deadline set for April 6, 2018;

c.

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Non-Expert Discovery was to be completed by March 2, 2018;

b.

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Pursuant to the Status Conference held on January 23, 2018, the Court amended the

The Jury Trial was continued from August 7, 2018 to October 30, 2018.

Additionally, on February 13, 2018, the Court issued a Minute Order setting a

Settlement Conference for June 28, 2018.
3.

On February 26, 2018, counsel for Defendant took the deposition of Plaintiff’s

representative. While the deposition of Defendant’s representative was set for February 27, 2018,
the deposition was ultimately continued and occurred on March 14, 2018.
4.

In late March and early April 2018, counsel for Plaintiff reached out to counsel for

Defendant in an effort to meet and confer prior to the filing of Plaintiff’s Motion for Summary
Judgment. On April 5, 2018, Plaintiff’s counsel was notified by the office of Defendant’s counsel
that Defendant’s counsel, Russell K. Ryan was recently involved in a serious accident, had
undergone extensive surgery, and would be out of the office for an extended period of time.
5.

As a result of Mr. Ryan’s accident, counsel for the parties were unable to meet and

confer prior to the April 6, 2018 Dispositive Motion deadline. Accordingly, while Plaintiff filed its
Motion for Summary Judgment on April 6, 2018, counsel for the Parties agreed that if the Court
agreed to extend the deadlines, hearings and trial dates set forth in the Scheduling Order, Plaintiff
would withdraw the Motion for Summary Judgment until after the Parties have had sufficient time to
meet and confer regarding the issues contained in the Motion. Currently, the Motion is set for
hearing on June 7, 2018.

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6.

As set forth more thoroughly in the Declaration of Mr. Ryan, which is attached

hereto, as a result of the injuries sustained by Mr. Ryan, Mr. Ryan has been out of the office since
March 26, 2018 and will likely be out of the office until approximately July 16, 2018.

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STIPULATION
7.

Based on the foregoing, in an effort to accommodate Mr. Ryan’s recovery and so as

not to prejudice Defendant, the Parties hereby stipulate and agree to continue the following deadlines
and dates, subject to the availability and approval of the Court:

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New Date

Filing of Dispositive Motion deadline

April 6, 2018

August 3, 2018

Settlement Conference

June 28, 2018

October 25, 2018

Pretrial Conference

August 6, 2018

December 3, 2018

Jury Trial

October 30, 2018

February 25, 2019

DATED: April 27, 2018

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Current Date

McGLINCHEY STAFFORD

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By: /s/ Adam S. Hamburg
ADAM S. HAMBURG
Attorneys for Plaintiff , LINDE, LLC

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Dated: April 27, 2018

MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP

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By: /s/ Russell K. Ryan
RUSSELL K. RYAN, Attorneys for
Defendant VALLEY PROTEIN, LLC

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DECLARATION OF ADAM HAMBURG
I, Adam Hamburg, declare:
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in the above-entitled action. I have prepared this Declaration as evidence in support of the parties’
Joint Stipulation for Continuance of Hearing and Trial Dates (the “Stipulation”). 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.

a.

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2.

Pretrial Conference was continued from June 4, 2018 to August 6, 2018; and

d.

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Dispositive Motion filing Deadline set for April 6, 2018;

c.

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Non-Expert Discovery was to be completed by March 2, 2018;

b.

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Pursuant to the Status Conference held on January 23, 2018, the Court amended the

Scheduling Order in the subject case as follows:

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I am a partner with McGlinchey Stafford, and the attorney of record for the Plaintiff

The Jury Trial was continued from August 7, 2018 to October 30, 2018.

Additionally, on February 13, 2018, the Court issued a Minute Order setting a

Settlement Conference for June 28, 2018.
3.

On February 26, 2018, counsel for Defendant, Russell K. Ryan took the deposition of

Plaintiff’s representative.

While the deposition of Defendant’s representative was set for the

following day, as a result of a health issue, I was unable to proceed with the deposition on February
27, 2018, and the deposition was ultimately continued and occurred on March 14, 2018.
4.

In late March and early April 2018, I contacted Mr. Ryan in an effort to meet and

confer with Mr. Ryan prior to the filing of Plaintiff’s Motion for Summary Judgment. While I was
unable to reach Mr. Ryan, on April 5, 2018, I spoke with Mr. Ryan’s assistant, who notified me that
Mr. Ryan was recently involved in a serious accident, had undergone extensive surgery, and would
be out of the office for an extended period of time.
5.

As a result of Mr. Ryan’s accident, I and Mr. Ryan were unable to meet and confer

prior to the April 6, 2018 Dispositive Motion deadline.

Plaintiff’s Motion for Summary Judgment on April 6, 2018, I and Mr. Ryan subsequently agreed that
if the Court agreed to extend the deadlines, hearings and trial dates set forth in the Scheduling Order,

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Accordingly, while my office filed

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I would withdraw the Motion for Summary Judgment until after the parties have had sufficient time
to meet and confer regarding the issues contained in the Motion. Currently, the Motion is set for
hearing on June 7, 2018.
6.

I have been in contact with Mr. Ryan via email, and Mr. Ryan has advised that he will

likely be out of the office recovering from his injuries for an extended period of time. Accordingly,
in order to accommodate Mr. Ryan, I and my client are agreeable to extending the relevant deadlines
and continuing the hearing and trial dates as set forth in the Stipulation, subject to the availability
and approval of the Court.
I declare under penalty of perjury under the laws of the Unites States of America that the
foregoing is true and correct to the best of my knowledge, information and belief.
Executed on this 27th day of April, 2018, at Irvine, California.

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/s/ Adam Hamburg

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DECLARATION OF RUSSELL K. RYAN
1.

I am a partner in the law firm of Motschiedler, Michaelides, Wishon, Brewer & Ryan,

LLP, and the attorney of record for Valley Protein, LLC. I make the following declaration of my
own personal knowledge and if called upon to testify, could and would competently testify thereto.
2.

On March 26, 2018, my family and I were hoping to have a relaxing spring break,

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doing some work while enjoying the beautiful Southern Oregon Coast. We got up to Brookings,

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Oregon late Saturday but by mid-day, I had a bit of an accident. While attempting to jump over a

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small stream on the beach the stream bank collapsed, I fell awkwardly and broke bones in BOTH

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feet and legs. The right has two fractures to the tibia, one to the fibula and the fibula is dislocated

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and no longer even over the foot. In the left foot I have a calcaneus (heel bone) fracture. I had two

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surgeries before we left the coast and had the more elaborate surgery on my right when I returned to

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Fresno. It was quite the ordeal just getting me off the beach as there was no vehicle access. It took

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two hours to carry me over sand and stream, four flights of stairs then dragging me 200 yards

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through a narrow forest area to the ambulance.
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What this means going forward is a total of at least 12 weeks of no weight bearing on

the left foot and 8-10 weeks on the right, with 6-9 months (perhaps longer) before everything gets
100% back to normal, or at least my new normal.

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4.
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I am learning how to navigate with a wheelchair and have a new appreciation for my

friends who have to deal with such issues on a regular basis.
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There is no one else in my office that can substitute in for me at the hearing. I am the

only seasoned litigator in the firm.
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For these reasons I will be unable to physically participate in the upcoming trial and

respectfully request that it be continued a few months so that I can be present to represent my client.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 27th day of April 2018 at Fresno, California.
/s/Russell K. Ryan
Russell K. Ryan

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PROOF OF SERVICE

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STATE OF CALIFORNIA
COUNTY OF ORANGE

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ss.

I, Stephanie Elizondo, declare:
I am employed in the County of Orange, State of California. I am over the age of 18 and not a party
to the within action. My business address is 18201 Von Karman Ave., Suite 350, Irvine, California
92612.
On April 27, 2018, I served the document(s) described as JOINT STIPULATION TO
CONTINUE HEARING AND TRIAL DATES; DECLARATIONS IN SUPPORT THEREOF;
AND ORDER THEREON as follows:
BY MAIL: As follows:
FEDERAL – I deposited such envelope in the U.S. mail at Irvine, California, with
postage thereon fully prepaid,
BY FACSIMILE: I caused such documents to be transmitted to the telephone number of the
addressee listed on the attached service list, by use of facsimile machine telephone number.
The facsimile machine used complied with California Rules of Court, Rule 2004 and no error
was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a
transmission record of the transmission was printed.
BY CM/ECF NOTICE OF ELECTRONIC FILING: I caused said document(s) to be
served by means of this Court’s Electronic transmission of the Notice of Electronic Filing
through the Court’s transmission facilities, to the parties and/or counsel who are registered
CM/ECF users set forth in the service list obtained from this Court. Pursuant to Electronic
Filing Court Order, I hereby certify that the above documents(s) was uploaded to the website
and will be posted on the website by the close of the next business day and the webmaster
will give e-mail notification to all parties.
BY EMAIL SERVICE as follows: By email or electronic transmission: Based on any
agreement between the parties and/or as a courtesy, I sent the document(s) to the person(s) at
the email address(es) listed on the service list. I did not receive, within a reasonable time
after the transmission, any electronic message or other indication that the transmission was
unsuccessful.
FEDERAL: I declare that I am employed in the office of a member of the State Bar of this
Court at whose direction the service was made.
Executed on April 27, 2018, at Irvine, California.

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Stephanie Elizondo

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SERVICE LIST
USDC, Eastern District of California Case No. 1:16-cv-00527-DAD-EPG
LINDE, LLC v VALLEY PROTEIN, LLC
File # 103174.0015

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Russell K. Ryan, Esq.
MOTSCHIEDLER, MICHAELIDES, WISHON,
BREWER & RYAN, LLP
1690 W. Shaw Ave., Suite 200
Fresno, CA 93711

Attorneys for Defendant VALLEY PROTEIN,
LLC
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LINDE, LLC,

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Case No.: 1:16-CV-00527-DAD-EPG
Plaintiff,
ORDER MODIFYING SCHEDULING
ORDER

v.
VALLEY PROTEIN, LLC and DOES 1 to 10,

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Defendants.

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The Court, having considered the foregoing Stipulation and finding good cause, hereby
orders as follows:
1. The Dispositive Motion deadline shall be continued from April 6, 2018, to August 7, 2018.
2. The Settlement Conference shall be continued from June 28, 2018, to November 8, 2018, at
1:00 pm.
3. The Pretrial Conference shall be continued from August 6, 2018, to December 3, 2018, at
1:30 pm.
4. The Jury Trial shall be continued from October 30, 2018, to February 26, 2019, at 8:30 am

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IT IS SO ORDERED.
Dated:

May 7, 2018

/s/
UNITED STATES MAGISTRATE JUDGE