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

Filing 307

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 07/14/17 ORDERING that the Final Pretrial Conference s RESET for 2/23/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller with a joint pretrial conference statement due 02/02/18. (Benson, A)

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1 2 3 4 5 6 7 8 Dale C. Campbell, State Bar No. 99173 James Kachmar, State Bar No. 216781 weintraub tobin chediak coleman grodin Law Corporation 400 Capitol Mall, 11th Floor Sacramento, California 95814 (916) 558-6000 – Main (916) 446-1611 – Facsimile Email: dcampbell@weintraub.com Email: jkachmar@weintraub.com Attorneys for Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit & Tomato Kitchens, LLC, and The Morning Star Company 9 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 law corporation weintraub tobin chediak coleman grodin 10 16 17 18 19 20 THE MORNING STAR PACKING COMPANY, ) a California limited partnership; et al., ) ) Plaintiffs, ) ) vs. ) ) SK FOODS, L.P., a California limited ) partnership; et al. ) ) Defendants. ) ) ) ) ) Case No. 2:09-CV-00208 KJM-EFB STIPULATION AND ORDER TO CONTINUE FINAL PRETRIAL CONFERENCE AND RELATED DEADLINES Complaint Filed: January 22, 2009 Trial Date: No trial date set. 21 22 Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, 23 California Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively 24 referred to as “Plaintiffs”); Defendants Ingomar Packing Company, LLC and Greg Pruett 25 (collectively the “Ingomar Defendants”) and Defendant Scott Salyer, by and through their 26 counsel of record, hereby submit the following stipulation and [proposed] Order: 27 \\\ 28 \\\ {2272170.DOC;} 1 Stipulation and Order to Continue Final Pretrial Conference 1 WHEREAS, on June 14, 2017, the Court in its Order on certain defendants’ motions 2 for summary judgment set a final pretrial conference in this matter for August 11, 2017, 3 with the remaining parties to file a joint final pre-trial statement due no later than July 28, 4 2017 (See Order, Dkt. #304, at p. 23.); 5 WHEREAS, previously on January 11, 2017, the Court had granted in part Plaintiffs’ 6 motion to reopen discovery (see Dkt. # 298) in which the Court ordered that certain 7 limited discovery be permitted with a discovery “cutoff date of 180 days from the date of 8 the Court’s filing of its order on summary judgment….” (See Order, Dckt. #304, at p.13.); WHEREAS, in accordance with the Court’s January 11, 2017 Order, the Parties have 10 calendared December 11, 2017, as the cutoff date for the limited discovery period 11 permitted by that Order and Morning Star intends to propound interrogatories and 12 document requests to Defendant Scott Salyer as well as take his deposition within the 13 time frame set by the Court’s Order; 14 WHEREAS, given that discovery remains open in this matter for another five 15 law corporation weintraub tobin chediak coleman grodin 9 months pursuant to the Court’s January 11, 2017 Order, the Parties cannot be able to 16 present the Court with a “final” joint pre-trial statement by July 28, 2017, and believe that 17 it will be more efficient and economical, as well as preserving judicial resources, to allow 18 the Parties to ensure that discovery is completed before having to prepare the joint final 19 pre-trial statement and/or attend of the final pretrial conference. 20 21 THEREFORE, the Parties, by and through their respective counsel of record, hereby stipulate as follows: 22 1. The Parties request that the final pretrial conference be continued to the 23 first available court date no earlier than 60 days after the December 11, 2017 closing of 24 the limited discovery period, with the required joint final pre-trial statement due 14 days 25 before the new conference date. 26 \\\ 27 \\\ 28 \\\ {2272170.DOC;} 2 Stipulation and Order to Continue Final Pretrial Conference 1 2 IT IS SO STIPULATED. Dated: July 11, 2017 3 4 WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN Law Corporation By: 5 Attorneys for Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC, California Fruit & Tomato Kitchens, LLC, and The Morning Star Company 6 7 8 9 Dated: July 11, 2017 11 SEGAL & ASSOCIATES, PC By: 12 14 15 Dated: July 11, 2017 16 MORGAN, LEWIS & BOCKIUS LLP By: 17 20 Dated: July 11, 2017 21 RAMSEY & EHRLICH LLP By: 22 /s/ Miles Ehrlich Miles Ehrlich Attorneys for Defendant Greg Pruett 23 24 /s/ - Sujal J. Shah Sujal J. Shah Attorneys for Defendant Ingomar Packing Company 18 19 /s/ Malcom Segal Malcolm Segal Attorneys for Defendant Scott Salyer 13 law corporation weintraub tobin chediak coleman grodin 10 /s/ - James Kachmar James Kachmar IT IS SO ORDERED. The Parties request that the final pretrial conference be 25 continued is granted. The final pretrial conference set for August 11, 2017 is vacated and 26 reset for February 23, 2018 at 10:00 a.m. in Courtroom # 3. The parties shall confer and 27 file a joint pretrial conference statement by February 2, 2018. 28 DATED: July 14, 2017 {2272170.DOC;} 3 UNITED STATES DISTRICT JUDGE Stipulation and Order to Continue Final Pretrial Conference

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