Don Juan Foods, Inc. v. AmGUARD Insurance Company, et al.
Filing
33
THIRD STIPULATION and ORDER TO MODIFY SCHEDULING ORDER TO EXTEND THE LITIGATION DEADLINES. Non-Expert Discovery by 12/13/2021; Designation of Opening Experts with Reports by 11/12/2021; Designation of Rebuttal Experts with Reports by 11/22/2021; Expert Discovery Cutoff by 2/11/2022; Non-Dispositive Motions by 2/25/2022; Dispositive Motions by 2/25/2022. Pretrial Conference set for 6/7/2022 at 08:15 AM in Courtroom 4. Order signed by Magistrate Judge Sheila K. Oberto on 6/2/2021. (Apodaca, P)
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MATTHEW S. FOY (SBN: 187238)
mfoy@grsm.com
JENNIFER N. WAHLGREN (SBN: 249556)
jwahlgren@grsm.com
GORDON REES SCULLY MANSUKHANI, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
Telephone: (415) 875-3174
Facsimile: (415) 986-8054
Attorneys for Defendants
AMGUARD INSURANCE COMPANY and
WESTGUARD INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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DON JUAN FOODS, INC., a California
Corporation,
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Plaintiff,
Case No. 1:20-cv-00499-NONE-SKO
THIRD STIPULATION TO
EXTEND THE LITIGATION
DEADLINES; ORDER
v.
(Doc. 32)
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AMGUARD INSURANCE COMPANY, a
Pennsylvania Corporation; WESTGUARD
INSURANCE COMPANY, a Pennsylvania
Corporation; and DOES 1-20 inclusive,
Accompanying Document:
Declaration of Mathew S. Foy
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Defendants.
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-1THIRD STIPULATION TO EXTEND LITIGATION DEADLINES; ORDER
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Plaintiff Don Juan Foods, Inc. (“Plaintiff”) and Defendants AmGUARD Insurance
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Company and WestGUARD Insurance Company (“Defendants”) (collectively “the Parties”)
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stipulate as follows:
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WHEREAS, on July 7, 2020, this Court issued a Scheduling Order setting forth deadlines.
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WHEREAS, on November 3, 2020, this Court granted the Parties’ stipulation to extend the
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deadlines for expert discovery.
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WHEREAS, on December 28, 2020, the Parties filed a Stipulation to Modify Scheduling
Order to Extend the Litigation Deadlines.
WHEREAS, on January 18, 2021, this Court granted the Parties’ Stipulation of December
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Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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28, 2020.
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WHEREAS, on March 4, 2021, the Parties filed a Second Stipulation to Modify Scheduling
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Order to Extend the Litigation Deadlines to allow time to complete mediation and to account for
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potential delays in discovery due to the COVID-19 pandemic.
WHEREAS, on March 8, 2021, this Court granted the Parties’ Stipulation of March 4,
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2021.
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WHEREAS, the Parties participated in mediation on May 18, 2021. While the mediation
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was not successful, the Parties have agreed that it is in their best interest to permit further
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investigation of certain claims in the litigation, and to pursue a further mediation after completion
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of such investigation. (Declaration of Mathew S. Foy (“Foy Decl.”) at ¶ 2.)
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WHEREAS, the Parties have met and conferred and agree that in order to allow time to
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complete investigation of certain claims and to participate in a further mediation, and in the
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interests of justice and to promote judicial economy, that the litigation deadlines in this action
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should be further continued. (Foy Decl. at ¶ 3.)
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WHEREAS, based on the foregoing, the Parties seek to continue the current litigation
deadlines in this action as follows:
EVENT
CURRENT DEADLINE
PROPOSED DEADLINE
Non-Expert Discovery
August 16, 2021
December 13, 2021
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-2THIRD STIPULATION TO EXTEND LITIGATION DEADLINES; ORDER
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EVENT
CURRENT DEADLINE
PROPOSED DEADLINE
Designation of Opening Experts July 12, 2021
with Reports
November 12, 2021
Designation of Rebuttal Experts
with Reports
July 26, 2021
November 22, 2021
Expert Discovery Cutoff
October 11, 2021
February 11, 2022
Non-Dispositive Motion Filing
October 25, 2021
February 25, 2022
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Non-Dispositive Motion Hearing December 1, 2021
April 1, 2022
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Dispositive Motion Filing
October 25, 2021
February 25, 2022
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Dispositive Motion Hearing
According to Local Rules
According to Local Rules
Pre-Trial Conference
February 2, 2022
June 2, 2022
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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IT IS SO STIPULATED.
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Dated: June 1, 2021
GORDON REES SCULLY MANSUKHANI,
LLP
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By /s/ Mathew S. Foy
Matthew S. Foy
Jennifer N. Wahlgren
Attorneys for Defendants
AMGUARD INSURANCE COMPANY and
WESTGUARD INSURANCE COMPANY
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Dated: June 1, 2021
MERLIN LAW GROUP, P.A.
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By /s/ Courtney Abrams (as authorized on 6.1.21)
Michael J. Ponzo
Courtney Abrams
Attorneys for Plaintiff
DON JUAN FOODS, INC.
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-3THIRD STIPULATION TO EXTEND LITIGATION DEADLINES; ORDER
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ORDER
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Pursuant to the foregoing Stipulation by the Parties (Doc. 32), and for good cause shown,
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Fed. R. Civ. P. 16(b)(4), IT IS HEREBY ORDERED that the current litigation deadlines be
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continued as follows:
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EVENT
CURRENT DEADLINE
NEW DEADLINE
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Non-Expert Discovery
August 16, 2021
December 13, 2021
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Designation of Opening Experts July 12, 2021
with Reports
November 12, 2021
July 26, 2021
November 22, 2021
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Designation of Rebuttal Experts
with Reports
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Expert Discovery Cutoff
October 11, 2021
February 11, 2022
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Non-Dispositive Motion Filing
October 25, 2021
February 25, 2022
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Non-Dispositive Motion Hearing December 1, 2021
April 6, 20221
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Dispositive Motion Filing
October 25, 2021
February 25, 2022
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Dispositive Motion Hearing
According to Local Rules
According to Local Rules
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Pre-Trial Conference
February 2, 2022
June 7, 2022 at 8:15 a.m.2
Gordon Rees Scully Mansukhani, LLP
275 Battery Street, Suite 2000
San Francisco, CA 94111
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IT IS SO ORDERED.
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Dated:
June 2, 2021
/s/
Sheila K. Oberto
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UNITED STATES MAGISTRATE JUDGE
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Magistrate Judge Sheila K. Oberto hears civil motions on Wednesdays at 9:30 a.m.
The parties requested a new pre-trial conference date of June 2, 2022, but due to the press of business, the Court
continues the pre-trial conference to June 7, 2022.
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-4THIRD STIPULATION TO EXTEND LITIGATION DEADLINES; ORDER
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