Gallo Cattle Company v. Saputo Dairy Foods USA, LLC

Filing 23

STIPULATION and ORDER GRANTING the parties' request for an extension of the following deadlines: Non-Expert Discovery deadline is September 15, 2017; Expert Disclosure deadline is September 27, 2017; Rebuttal Expert Disclosure deadline is October 20, 2017; and the Expert Discovery deadline is extended to November 9, 2017. Order signed by Magistrate Judge Erica P. Grosjean on 7/10/2017. (Rooney, M)

1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Marshall C. Whitney, CA # 82952
[e-mail]
3 Ben Nicholson, CA # 239893
[e-mail]
4 Shane G. Smith, CA # 272630
[e-mail]
5 7647 North Fresno Street
Fresno, California 93720
6 Telephone:
[phone]
Facsimile:
[phone]
7
Attorneys for Plaintiff and Counter-Defendant,
8 GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS, a California limited partnership
9
LEWIS & LLEWELLYN LLP
10 Paul T. Llewellyn, CA # 216887
Marc R. Lewis, CA # 233306
11 Evangeline A.Z. Burbidge, CA # 266966
505 Montgomery Street, Suite 1300
12 San Francisco, California 94111
Telephone: [phone]
13 Facsimile: [phone]
Email: [e-mail]
14
[e-mail]
[e-mail]
15
Attorneys for Defendant and Counter-Plaintiff
16 SAPUTO DAIRY FOODS USA, LLC
17

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION

19 GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS, a California limited
20 partnership,
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Plaintiff,
v.

23 SAPUTO DAIRY FOODS USA, LLC, a
Delaware limited liability company,
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Defendant.
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26 AND RELATED COUNTER-CLAIMS.
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Case No. 1:16-cv-01673-LJO-EPG
STIPULATION AND ORDER TO
AMEND THE SCHEDULING ORDER
HON. ERICA P. GROSJEAN
U.S. MAGISTRATE JUDGE
Action Filed:
Trial Date:

October 3, 2016
June 5, 2018

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Plaintiff and Counter-Defendant, GALLO CATTLE COMPANY d/b/a JOSEPH GALLO

2 FARMS (“Gallo”) and Defendant and Counter-Plaintiff SAPUTO DAIRY FOODS USA, LLC
3 (“Saputo”) respectfully submit this stipulated request that the Court grant a limited extension of
4 the discovery period set forth in the Amended Scheduling Conference Order (see ECF 21). In
5 support of this stipulation, the parties state as follows:
6

1.

The Court set a pretrial schedule in this case on January 24, 2017 (ECF 15), and

7 discovery opened on February 10, 2017 with the parties’ exchange of Fed. R. Civ. P. 26(a) Initial
8 Disclosures. Thereafter the parties have mutually responded to written discovery and produced
9 documents in response to requests for production. No depositions have yet taken place nor are any
10 scheduled at present.
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2.

Throughout the fact discovery period, the parties have informally discussed

12 settlement in good faith without achieving a resolution on their own. The parties engaged in a
13 mediation session before the Hon. James A. Ardaiz (Ret.) in Fresno, California on June 30, 2017.
14 Representatives from both parties with full settlement authority were present at the mediation.
15 The mediation was productive and the parties are hopeful that a formal resolution can be reached
16 within the next thirty (30) days. The parties are continuing to engage in settlement discussions,
17 and the Hon. James A. Ardaiz has agreed to continue to participate in the process.
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3.

The parties respectfully request that the Court grant a further 30-day extension of

19 the fact discovery cut-off date, with associated extensions of the expert discovery dates, in order to
20 give the parties the opportunity to continue the settlement discussions that commenced on June 30,
21 2017 prior to incurring the costs and burdens associated with fact depositions and expert
22 discovery.
23

4.

Pursuant to L.R. 144(b), the parties state that they have previously requested and

24 received one 30-day extension from the Court (see ECF 21).
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5.

The proposed extension will not impact any deadlines before the Court.

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6.

Therefore, the parties respectfully request that the Amended Scheduling Order

27 entered on June 9, 2017 be further amended as follows:
28 //

2

1 //
2

Event

Current Scheduling Order
Date

Proposed Scheduling Order
Date

Non-Expert Discovery Cutoff

August 16, 2017

September 15, 2017

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4

Expert Disclosure

September 6, 2017

September 27, 2017

5

Rebuttal Expert Disclosure

October 6, 2017

October 20, 2017

6

Expert Discovery Cutoff

October 31, 2017

November 9, 2017

7

November 21, 2017

November 21, 2017

8

Dispositive Motion Filing
Deadline

9

Pretrial Conference

April 5, 2018

April 5, 2018

11:00 a.m., Dept. 10

11:00 a.m., Dept. 10

June 5, 2018

June 5, 2018

8:30 a.m., Dept. 10

8:30 a.m., Dept. 10

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11

Jury Trial

12
13 RESPECTFULLY SUBMITTED,
14 Dated: July 7, 2017

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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16

/s/ Shane G. Smith
Marshall C. Whitney
Ben Nicholson
Shane G. Smith
Attorneys for Plaintiff and Counter-Defendant,
GALLO CATTLE COMPANY d/b/a JOSEPH
GALLO FARMS

By:
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21 Dated: July 7, 2017

LEWIS & LLEWELLYN LLP

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/s/ Paul T. Llewellyn
Paul T. Llewellyn
Marc R. Lewis
Evangeline A.Z. Burbidge
Attorneys for Defendant and Counter-Plaintiff
SAPUTO DAIRY FOODS USA, LLC

By:

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-oOo-

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SIGNATURE ATTESTATION

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I hereby attest that concurrence has been obtained from Paul T. Llewellyn, counsel for

4 Saputo Dairy Foods USA, LLC, as indicated by a “conformed” signature (/s/) within this e-filed
5 document.
/s/ Shane G. Smith
Shane G. Smith

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-oOo-

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ORDER
Upon consideration of the Parties’ Stipulation to Amend the Scheduling Order, and for

3 good cause appearing, the Scheduling Conference Order governing the pretrial phase of the above4 captioned litigation is amended as follows:
5

Event

Current Date

New Date

6

Non-Expert Discovery Cutoff

August 16, 2017

September 15, 2017

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Expert Disclosure

September 6, 2017

September 27, 2017

Rebuttal Expert Disclosure

October 6, 2017

October 20, 2017

Expert Discovery Cutoff

October 31, 2017

November 9, 2017

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IT IS SO ORDERED.
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Dated:

July 10, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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