Country Fresh Batter, Inc v. Lion Raisins, Inc.

Filing 46

STIPULATION and ORDER to Enlarge Time for Expert Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 2/15/19. (Gonzalez, R)

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Andrew M. Hutchison (State Bar No. 289315)
COZEN O’CONNOR
101 Montgomery St., Suite 1400
San Francisco, California 94104
Tel:
[phone]
Fax:
[phone]
Email: [e-mail]

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Attorneys for Plaintiff,
COUNTRY FRESH BATTER, INC.,
d/b/a HOPE’S COOKIES
Bertram T. Kaufmann (State Bar No. 149499)
9500 S. DeWolf Avenue
P.O. Box 1350
Selma, CA 93622
Tel: [phone]
Email: [e-mail]
Brian C. Leighton (State Bar No. 090907)
LAW OFFICES OF BRIAN C. LEIGHTON
755 N. Peach Avenue, Suite G-10
Clovis, CA 93611
Tel: [phone]
Email: [e-mail]
Attorneys for Defendant, LION RAISINS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FRESNO DIVISION
COUNTRY FRESH BATTER, INC., D/B/A
Case No. 1:17-cv-1527-DAD-BAM
HOPE’S COOKIES, a Pennsylvania
corporation,
Plaintiff,

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v.

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STIPULATION TO ENLARGE TIME
FOR EXPERT DISCOVERY AND
[ORDER

LION RAISINS, INC., a California corporation,

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Defendant.

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STIPULATION TO ENLARGE TIME FOR EXPERT DISCOVERY AND ORDER

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Pursuant to Local Rule 143 of the Local Rules of the District Court for the

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Eastern District of California and this Court’s Amended Scheduling Conference

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Order (ECF Dkt. No. 41), Plaintiff Country Fresh Batter, Inc., doing business as

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Hope’s Cookies (“Plaintiff” or “Hope’s”) and Defendant Lion Raisins, Inc.

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(“Defendant” or “Lion”) hereby submit the following Stipulation to enlarge the

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time for expert discovery.

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RECITALS

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WHEREAS, on November 16, 2018, this Court held a Telephonic Status
Conference in which the parties addressed the scheduling of new case management
deadlines, including trial;

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WHEREAS, on November 19, 2018, the Court entered an Amended

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Scheduling Conference Order (ECF Dkt. No. 41), which requires the parties to

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serve initial expert witness disclosures no later than February 19, 2019, to serve

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supplemental expert witness disclosures no later than March 8, 2019, and to

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complete all expert discovery, including motions to compel, no later than April 19,

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2019;

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WHEREAS, the Amended Scheduling Conference Order also requires the

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parties to complete all non-expert discovery, including motions to compel, no later

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than March 29, 2019;

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WHEREAS, the parties have engaged in non-expert discovery after the

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Court entered the Amended Scheduling Conference Order (see Declaration of

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Andrew M. Hutchison (“Hutchison Decl.”) at ¶ 2);

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WHEREAS, as of the filing of this Stipulation, the parties are actively
engaged in settlement discussions (see Hutchison Decl., ¶ 3);
WHEREAS, while the parties are engaged in settlement discussions, the

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parties’ respective counsel have met and conferred and have agreed to request an

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enlargement of time of three (3) weeks to March 12, 2019 for serving initial expert

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disclosures, an enlargement of time of three (3) weeks to March 29, 2019 for
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STIPULATION TO ENLARGE TIME FOR EXPERT DISCOVERY AND ORDER

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serving supplemental expert disclosures, and an enlargement of time of one (1)

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week to April 26, 2019, to complete all expert discovery, including motions to

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compel (see Hutchison Decl., ¶ 4);

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WHEREAS, the parties’ request for an enlargement of time for expert

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discovery does not change the dates for the non-expert discovery cutoff, the

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pretrial motion filing deadline, the pretrial conference scheduled for July 22, 2019,

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or the jury trial scheduled for September 24, 2019 (see Hutchison Decl., ¶ 5).

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STIPULATION
THEREFORE, IT IS HEREBY AGREED AND STIPULATED that the

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time for expert discovery will be enlarged as follows: the parties to serve initial

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expert witness disclosures no later than March 12, 2019, to serve supplemental

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expert witness disclosures no later than March 29, 2019, and to complete all

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expert discovery, including motions to compel, no later than April 26, 2019.

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Dated: February 15, 2019

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By: s/ Andrew M. Hutchison
Andrew M. Hutchison
Attorneys for Plaintiff
COUNTRY FRESH BATTER, INC.
D/B/A HOPE’S COOKIES

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COZEN O’CONNOR

Dated: February 15, 2019

LION RAISINS, INC.
By: s/ Bertram T. Kaufmann
Bertram T. Kaufmann
Attorney for Defendant
LION RAISINS, INC.

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STIPULATION TO ENLARGE TIME FOR EXPERT DISCOVERY AND ORDER

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ORDER

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Based upon the stipulation of the parties, and the interest of justice, it is HEREBY

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ORDERED that a limited continuance is warranted. The parties’ initial expert witness disclosures

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shall be served by no later than March 12, 2019, the parties’ supplemental expert witness

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disclosures shall be served no later than March 29, 2019, and all expert discovery, including

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motions to compel, shall be completed no later than April 26, 2019. All other dates previously set

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shall remain as set forth in the Amended Scheduling Conference Order dated November 19, 2018.

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(Doc. No. 41.) Settlement discussions are not good cause, and the parties are cautioned that any

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other continuance on that basis will be denied.

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IT IS SO ORDERED.

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Dated:

February 15, 2019

/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO ENLARGE TIME FOR EXPERT DISCOVERY AND ORDER