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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?