Morning Star Packing Company, et al v. SK Foods, et al

Filing 181

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 7/31/14: Discovery due by 12/8/2014. Dispositive Motions shall be filed by 8/31/2015. (Kaminski, H)

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BINGHAM MCCUTCHEN LLP
Stephen Zovickian (SBN 78697)
[e-mail]
Sujal Shah (SBN 215230)
[e-mail]
Kyle Zipes (SBN 251814)
[e-mail]
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286
Attorneys for Defendant
Ingomar Packing Company

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RAMSEY & EHRLICH LLP
Miles Ehrlich (SBN 237954)
[e-mail]
803 Hearst Avenue
Berkeley, CA 94710
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
Greg Pruett

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
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The Morning Star Packing Company, et al.,

No. 2:09-CV-00208-KJM-EFB

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Plaintiffs,
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v.
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STIPULATION AND ORDER RE
EXTENSION OF DISCOVERY AND
DISPOSITIVE MOTION
DEADLINES

S.K. Foods, L.P., et al.
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Defendants.
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STIPULATION AND ORDER RE EXTENSION OF DISCOVERY AND DISPOSITIVE
MOTION DEADLINES

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Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC,
California Fruit and Tomato Kitchens, LLC and The Morning Star Company (collectively,
“Plaintiffs”) and defendants Ingomar Packing Company, LLC (“Ingomar”), Greg Pruett, Los
Gatos Tomato Products (“Los Gatos”), and Stuart Woolf (collectively “Defendants”) by and
through their respective counsel of record, hereby submit the following stipulation and proposed
order to extend the discovery deadline in this action pursuant to Local Rule 144(a).
WHEREAS, the parties have continued to take discovery in this action but both agree
that the process is taking longer than previously expected;
WHEREAS, the Court has granted two previous extensions of the parties’ discovery and
dispositive motion deadlines by between 120 and 122 days; and
WHEREAS, Plaintiffs and Defendants have met to explore the possibility of a negotiated
resolution of this litigation, and have determined that the prospects for reaching such a
resolution, as well as the prospects for conducting this litigation more efficiently if such a
resolution cannot be reached, will be materially increased by further extending the discovery
deadlines set in this Court’s February 13, 2014 Minute Order;
THEREFORE, Plaintiffs and Defendants, by and through their respective counsel of
record, hereby stipulate as follows:
1.

The deadline to complete all non-expert related discovery shall be extended

ninety (90) days to December 8, 2014.
2.

The deadline for the Court to hear disputes related to discovery shall be extended

ninety-seven (97) days to January 16, 2015.
3.

The deadline for Plaintiffs to complete expert disclosures under Rule 26 of the

Federal Rules of Civil Procedure shall be extended ninety-seven (97) days to February 23, 2015.
4.

The deadline for Defendants to complete expert disclosures under Rule 26 of the

Federal Rules of Civil Procedure shall be extended ninety-six (96) days to April 2, 2015.
5.

The deadline for parties who previously disclosed an expert to submit a

supplemental list of expert witnesses who will express an opinion on a subject covered by an

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STIPULATION AND ORDER RE EXTENSION OF DISCOVERY AND DISPOSITIVE
MOTION DEADLINES

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expert designated by an adverse party, if the party supplementing an expert witness has not
previously retained an expert to testify on that subject, and to submit an accompanying written
report shall be extended ninety-six (96) days to May 7, 2015.
6.

The deadline to complete all expert discovery shall be extended ninety-six (96)

days to July 16, 2015.
7.

The deadline to file all dispositive motions, except motions for continuances,

temporary restraining orders, or other emergency applications, shall be extended one hundred
and two (102) days to August 31, 2015. For the Court’s convenience, the parties include the
below table of the stipulated revised deadlines.

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Event

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Discovery 
Deadline
Discovery 
Dispute 
Deadline
Plaintiff’s 
expert 
disclosures due
Defendants’ 
expert 
disclosures due
Supplemental 
Expert List Due
Expert 
Discovery 
Deadline
Dispositive 
Motion 
Deadline

Current 
Deadline

9/8/2014

Stipulated and 
Proposed 
New  
Deadline 
12/8/2014 

10/10/2014

1/16/2015 

11/17/2014

2/23/2015 

12/26/2014

4/2/2015 

1/30/2015

5/7/2015 

4/10/2015

7/16/2015 

5/20/2015

8/31/2015 

The court considers these dates firm.
IT IS SO ORDERED.
Dated: July 31, 2014.

UNITED STATES DISTRICT JUDGE
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STIPULATION AND ORDER RE EXTENSION OF DISCOVERY AND DISPOSITIVE
MOTION DEADLINES

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Stipulated to and approved by:

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DATED: July 31, 2014

BINGHAM McCUTCHEN LLP

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By: /s/ - Stephen Zovickian
Stephen Zovickian
Attorneys for Defendant
Ingomar Packing Company

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DATED: July 31, 2014

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RAMSEY & EHRLICH, LLP
By: /s/ - Miles Ehrlich (as authorized on 7/15/2014)
Miles Ehrlich
Attorneys for Defendant Greg Pruett

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DATED: July 31, 2014

By: /s/ - Charles Ralph Jaeger (as authorized on 7/15/2014)
Charles Ralph Jaeger
Attorneys for Defendants Los Gatos Tomato Products

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FARMER BROWNSTEIN JAEGER, LLP

DATED: July 31, 2014

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FARMER BROWNSTEIN JAEGER LLP
By: /s/ - Charles Ralph Jaeger (as authorized on 7/15/2014)
Charles Ralph Jaeger
Attorneys for Defendant Stuart Woolf

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DATED: July 31, 2014

WEINTRAUB GENSHLEA CHEDIAK LAW
CORPORATION
By: s/ - James Kachmar (as authorized on 7/15/2014)
James Kachmar
Attorneys for Plaintiffs The Morning Star Packing
Company, Liberty Packing Company, LLC, California
Fruit and Tomato Kitchens, LLC and The Morning Star
Company

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STIPULATION AND ORDER RE EXTENSION OF DISCOVERY AND DISPOSITIVE
MOTION DEADLINES