Ben & Jerry's Franchising, Inc. v. MPA Group, Inc., et al.

Filing 99

ORDER signed by Judge John A. Mendez on 4/6/09 re 98 ORDERING that the Scheduling Order is AMENDED as follows: Designation of Expert Witnesses ddl 5/15/2009; Discovery ddl 7/6/2009; Dispositive Motion ddl 8/5/2009; Dispositive Motion Hearing ddl 9/9/2009. (Duong, D)

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JOHN F. DOYLE ­ BAR NO. 142447 JOHN H. ADAMS, JR. ­ BAR NO. 253341 HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Suite 1400 San Jose, California 95113-2396 Phone: [phone] Fax: [phone] Attorneys for Cross-Defendant WONDER ICE CREAM LLC

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA BEN & JERRY'S FRANCHISING, INC., a Vermont corporation, and BEN & JERRY'S HOMEMADE INC., a Vermont corporation, Plaintiff, vs. MEHRDAD PORGHAVAMI, et al., Defendants. MEHRDAD PORGHAVAMI, et al., Cross-Complainant, v. BEN & JERRY'S FRANCHISING INC., a Vermont corporation, and BEN & JERRY'S HOMEMADE INC., a Vermont corporation, and BEN & JERRY'S OF CALIFORNIA INC., a California corporation, and WONDER ICE CREAM LLC. Cross-Defendants. No. CV-07-2599-JAM-KJM JOINT REQUEST TO AMEND STATUS (PRE-TRIAL SCHEDULING) ORDER (ASSIGNED TO HON. JOHN A. MENDEZ) Trial Date: December 7, 2009

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WHEREAS, on November 6, 2008, the Court signed a Status (Pre-Trial Scheduling) Order (the "Scheduling Order") in this matter setting a trial date of December 7, 2009 and an estimated trial length of approximately fifteen (15) days; WHEREAS, the Scheduling Order sets March 31, 2009 as the deadline for disclosure of expert witnesses and May 29, 2009 as the deadline for supplemental disclosures and disclosures of any rebuttal experts; WHEREAS, the Scheduling Order sets a discovery cut-off date of June 30, 2009; WHEREAS, the Scheduling Order sets May 1, 2009 as the deadline for dispositive motions and June 3, 2009 as the hearing date for any dispositive motions; WHEREAS, the parties continue to engage in the meet-and-confer process regarding certain documents sought through discovery and necessary for the development of expert witness opinions, and production of those documents is scheduled to take place after the deadline for disclosure of expert witnesses; WHEREAS, counsel for Wonder Ice Cream LLC ("Wonder"), Ben & Jerry's Franchising, Inc. ("Ben & Jerry's") and Ben & Jerry's Homemade, Inc. ("Homemade") and Mehrdad Porghavami ("Porghavami") have agreed to request an amendment to the Scheduling Order as follows: to move the deadline for expert witness disclosure from March 31, 2009 to May 15, 2009; to move the deadline for supplemental and rebuttal expert witness disclosure from May 29, 2009 to June 15, 2009; to move the discovery cutoff date from June 30, 2009 to July 6, 2009; to move the deadline for dispositive motions from May 1, 2009 to August 5, 2009; and to move the date for hearing of dispositive motions from June 3, 2009 to September 9, 2009. WHEREAS, the parties do not seek the requested amendments to the Scheduling Order for the purposes of delay. WHEREFORE, the parties request that the Court amend the Scheduling Order as follows: 1. That the parties shall make expert witness disclosures under Fed. R. Civ. P.

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2.

That the parties shall make supplemental disclosures and disclosure of any

rebuttal experts under Fed. R. Civ. P. 26(a)(2)(c) by June 15, 2009. 3. 4. 5. That the discovery cutoff be set for July 6, 2009. That the deadline for dispositive motions be set for August 5, 2009. That the date for the hearing of dispositive motions be set for September 9,

2009 at 9:00 a.m. A proposed order is submitted herewith. DATED: April 3, 2009 HOGE, FENTON, JONES & APPEL, INC.

By

John H. Adams, Jr. Attorneys for Cross-Defendant WONDER ICE CREAM LLC, a California limited liability company

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DATED: _____________, 2009 DLA PIPER LLP (US)

By

John J. Dwyer Attorneys for Plaintiffs/CrossDefendants Ben & Jerry's Franchising, Inc. and Ben & Jerry's Homemade, Inc.

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DATED: ______________, 2009

By

Mehrdad Porghavami For Defendants/Cross Complainants MPA Group, Inc. and Mehrdad Porghavami

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ORDER GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the proposed dates in this joint request are approved.

/s/ John A. Mendez__________ The Honorable John A. Mendez U.S. District Court Judge

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