Vertical Tank, Inc. v. BakerCorp

Filing 49

ORDER AFTER STATUS REPORT, signed by Magistrate Judge Jennifer L. Thurston on 7/3/2019. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VERTICAL TANK, INC.,

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Plaintiff,

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v.

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Case No.: 1:18-cv-00145 LJO LJT
ORDER AFTER STATUS REPORT
(Doc. 48)

BAKERCORP,

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Defendant.

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The Court has reviewed the status report filed by counsel. (Doc. 48) The Court declines to

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set a further conference at this time. Notably, as to the issue of whether the case schedule needs to

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be amended, once again, this discussion is premature until plaintiff’s counsel has had enough time

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to review the production and determine the further discovery effort that will be needed. Until this is

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done, there is no way to determine how much additional discovery time is needed. In addition, what

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“Progress Billings1” are as opposed to what “Rental Returns” are, seems like a question that would

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be most quickly addressed by inquiry of defense counsel. Thus, the Court ORDERS:

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1.

No later than July 19, 2019, the defense SHALL produce the results of the search

of the electronically held documents using the agreed upon search terms as described in paragraph

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The Court suspects that “Progress Billings” are those billings where there is a long-term rental such that a “Rental
Return” will not be generated for a significant period. In the Court’s limited experience, it is quite common for
industrial equipment, like pumps, tanks and pipe, to be leased for years.
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2 of the joint status report;
If not completed already, the production of the “invoices” related to the accused

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tanks, as described in paragraph 5 of the joint status report, SHALL be completed no later than

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July 12, 2019;

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3.

No later than July 26, 2019, counsel SHALL file a joint report detailing the status

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of these activities and, if they have not occurred, why they have not. The report SHALL also include

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from each side’s perspective, the extent to which the dispute continues to exist, the issues yet to

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resolve and whether a further telephonic conference is needed. If either party desires a further

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conference, counsel SHALL set forth the topics for discussion, the results of meet and confer efforts

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and propose dates that they are jointly available.

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IT IS SO ORDERED.
Dated:

July 3, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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