Northern Central Distributing, Inc. v. Bogenschutz et al

Filing 75

STIPULATION and ORDER GRANTING the parties' request for an extension of the Non-Expert Discovery deadline to 7/19/2019. The Court further continues the Mid-Discovery Status Conference currently set for 3/13/2019, continuing it to 5/13/2019 at 10:00 AM in Courtroom 10 (EPG) before Magistrate Judge Erica P. Grosjean. Order signed by Magistrate Judge Erica P. Grosjean on 1/31/2019. (Rooney, M)

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Marcus N. DiBuduo #258684
Jared C. Marshall #272065
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff NORTHERN CENTRAL DISTRIBUTING, INC.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NORTHERN CENTRAL DISTRIBUTING,
INC., a California Corporation, dba
YOSEMITE HOME DÉCOR;

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Case No. 1:17-CV-01351-AWI-EPG
STIPULATION AND ORDER RE
DISCOVERY CUTOFF

Plaintiff,
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v.
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ROCKIE BOGENSCHUTZ, an individual;
ROCKIE’S CONTAINERS, LLC, a
California limited liability company, dba YDÉCOR and YOSEMITE DÉCOR, and
DOES 1 through 50, inclusive.

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Defendant.
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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Plaintiff NORTHERN CENTRAL DISTRIBUTING, INC. ("Plaintiff") and defendants

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ROCKIE

BOGENSCHUTZ;

and

ROCKIE’S

CONTAINERS,

LLC

("Defendants")

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(collectively, "Parties") submit the following stipulation to extend non-expert discovery cutoff to

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July 19, 2019, and jointly request modification of the Court’s Scheduling Order dated March 23,

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2018, to reflect the same pursuant to Federal Rule of Civil Procedure 16(b)(4).

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By stipulation and order dated January 8, 2018, this Court entered a

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preliminary injunction against Defendants.

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prohibited Defendants for undertaking certain acts likely to confuse, mislead, or deceive

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consumers, including continuing to use certain stock keeping units, model numbers, photos, or

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product identifiers that are similar or identical to those used by Plaintiff.

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2.

The January 8, 2018, preliminary injunction

On August 21, 2018, after full briefing and further supplemental briefing,

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this Court issued an order finding Defendants in contempt for violating the January 8, 2018,

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preliminary injunction and sanctioning Defendants $33,500.00 plus Plaintiff’s reasonable

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attorney’s fees and costs. On December 12, 2018, this Court ordered Defendants to pay to

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Plaintiff $12,866.24 in fees and $225.18 in costs.

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3.

On November 6, 2018, Plaintiff filed a motion for a second contempt order

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and argued that Defendants were still refusing to fully comply with the Court’s January 8, 2018,

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preliminary injunction and had not rectified all of the contumacious acts identified in the Court’s

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August 21, 2018, contempt order. Defendants filed an opposition to the motion on November

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26, 2018. Plaintiff filed its reply on December 3, 2018. The Parties are currently awaiting the

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Court’s ruling.

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4.

Throughout the duration of the lawsuit, the Parties have been attempting

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to resolve their dispute while avoiding the cost intensive exercise of serving and responding to

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discovery. Negotiations remain ongoing and progress is being made toward settlement.

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5.

The Court’s March 23, 2018, Scheduling Order set non-expert discovery

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cutoff for April 12, 2019 and expert discovery cutoff for July 19, 2019. In order to accommodate

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the Parties’ settlement negotiations without sacrificing their ability to conduct discovery in the

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unlikely event that an agreement cannot be reached, the Parties agree that there is good cause to

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extend non-expert discovery cutoff to July 19, 2019. As the Parties do not anticipate substantial

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expert testimony or discovery, there is no reason that expert and non-expert discovery cannot be

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conducted simultaneously.

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IT IS HEREBY STIPULATED AND AGREED by the Parties, by and through

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the undersigned, that in light of the pending ruling on the second motion for contempt and the
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Parties’ continuing efforts to settle the case, good cause exists to modify the Court’s March 23,

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2018, Scheduling Order to reflect a non-expert discovery cutoff date of July 19, 2019. All other

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dates shall remain as set by the March 23, 2018, Scheduling Order.

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Dated:

January 30, 2019

DOWLING AARON INCORPORATED

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By:

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/s/ Marcus N. DiBuduo
Marcus N. DiBuduo
Jared C. Marshall
Attorneys
for
Plaintiff
NORTHERN
CENTRAL DISTRIBUTING, INC.

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Dated:

January 29, 2019

MOTSCHIEDLER, MICHAELIDES,
WISHON, BREWER & RYAN, LLP

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By:

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/s/ Russell K. Ryan
Russell K. Ryan
Attorneys for Defendants
ROCKIE BOGENSCHUTZ, ROCKIE’S
CONTAINERS, LLC, dba Y-DÉCOR and
YOSEMITE DÉCOR

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ORDER

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Pursuant to the stipulation of the Parties and good cause appearing, the Court’s

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March 23, 2018, Scheduling Order shall be modified to continue the non-expert discovery cutoff

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date to July 19, 2019. The Court further continues the Mid-Discovery Status Conference

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currently set for March 13, 2019, to May 13, 2019, at 10:00 am. The parties are reminded to file

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a joint status report one full week prior to the conference and email a copy of same, in Word
format, to [e-mail], for the Judge's review. To appear telephonically, each

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party is directed to use the following dial-in number and passcode: 1-888-251-2909; passcode
1024453.

/s/

DATED: January 31, 2019

UNITED STATES MAGISTRATE JUDGE

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