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

Filing 312

STIPULATION AND ORDER signed by District Judge Kimberly J. Mueller on 8/16/2017 CONTINUING the Motion Hearing re 306 Motion for Reconsideration to 11/17/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller; ORDERING defendants Ingomar Packing Company, Greg Pruett, Los Gatos Tomato Products, Stuart Woolf to file and serve an opposition to said motion by 10/27/2017; ORDERING the plaintiffs to file and serve any reply by 11/10/2017. (Michel, G.)

1
2
3
4
5
6
7

MORGAN, LEWIS & BOCKIUS LLP
Donn P. Pickett (SBN 72257)
[e-mail]
Sujal J. Shah (SBN 215230)
[e-mail]
One Market, Spear Street Tower
San Francisco, California 94105-1596
Telephone: [phone]
Facsimile: 415.442.1001
Attorneys for Defendant
Ingomar Packing Company, LLC

8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12
13
14

THE MORNING STAR PACKING
COMPANY, a California limited partnership;
et al.,
Plaintiffs,

15
16
17
18
19
20
21

v.
SK FOODS, L.P., a California limited
partnership; et al.,
Defendants.

CASE NO. 2:09-CV-00208 KJM-EFB
STIPULATION AND ORDER TO
CONTINUE HEARING ON MOTION
FOR RECONSIDERATION OF THE
COURT’S SUMMARY JUDGMENT
ORDER
Current Date: September 8, 2017
Requested New Date: November 17, 2017
Time: 10:00 a.m.
Courtroom: 3, 15th Floor
Judge: Kimberly J. Mueller
Complaint Filed: January 22, 2009
Trial Date: No Trial Date Set

22
23
24
25
26

Defendants Ingomar Packing Company, LLC and Greg Pruett (collectively the

27

“Ingomar Defendants”) and Plaintiffs The Morning Star Packing Company, Liberty Packing

28

Company, LLC, California Fruit & Tomato Kitchens, LLC, and The Morning Star Company
STIPULATION AND ORDER TO CONTINUE THE HEARING ON PLAINTIFFS’ MOTION FOR RECONSIDERATION OF
THE COURT’S SUMMARY JUDGMENT ORDER
CASE NO. 2:09-CV-00208 KJM-EFB

1

(collectively, “Plaintiffs”), by and through their respective counsel of record, hereby submit the

2

following stipulation and proposed order pursuant to Local Rule 230(f) of the U.S. District Court,

3

Eastern District of California.

4
5
6

WHEREAS, on July 12, 2017 (Dkt. 306), Plaintiffs filed a Motion for Reconsideration of
the Court’s Summary Judgment Order entered on June 14, 2017 (Dkt. 304) (hereinafter, the
“Motion”), and parties later stipulated, and the Court approved, that the hearing for the Motion be

7
8
9
10
11
12
13

set for September 8, 2017 at 10:00 a.m. before this Court;
WHEREAS, Plaintiffs and the Ingomar Defendants are currently engaged in settlement
discussions;
WHEREAS, a settlement between Plaintiffs and the Ingomar Defendants will moot the
Motion as it applies to the Ingomar Defendants;
WHEREAS, continuing the hearing to allow for settlement discussions between Plaintiffs

14
and the Ingomar Defendants is in the interest of judicial economy and will conserve judicial and
15
16
17
18
19
20
21

party resources;
WHEREAS, having a single hearing on the Motion is also in the interest of judicial
economy and will conserve judicial and party resources;
WHEREAS, counsel for Los Gatos Tomato Products and Stuart Woolf (the “Los Gatos
Defendants”) has indicated that the Los Gatos Defendants take no position on this stipulation;
WHEREAS, subject to court approval, Plaintiffs and the Ingomar Defendants have agreed

22
to continue the September 8, 2017 hearing to November 17, 2017
23
24
25
26
27
28

WHEREAS, the Los Gatos Defendants do not oppose such a continuance;
WHEREAS, consistent with the proposed November 17, 2017 hearing date, the parties
have also agreed to a briefing schedule for the Motion.
THEREFORE, the parties, by and through their respective counsel of record, hereby
stipulate as follows:
STIPULATION AND ORDER TO CONTINUE THE HEARING ON PLAINTIFFS’ MOTION FOR RECONSIDERATION OF
THE COURT’S SUMMARY JUDGMENT ORDER
CASE NO. 2:09-CV-00208 KJM-EFB

1

1.

The current September 8, 2017 hearing date scheduled for the Motion for

2

Reconsideration of the Court’s Summary Judgment Order shall be continued to November 17,

3

2017 at 10:00 a.m.

4
5
6

2.

The deadline for the Los Gatos Defendants and the Ingomar Defendants to file and

serve an opposition to the Motion shall be no later than October 27, 2017;
3.

The deadline for Plaintiffs to file and serve a Reply to the opposition to the Motion

7
8
9
10

shall be on or before November 10, 2017.
IT IS SO STIPULATED:
Dated: August 14, 2017

MORGAN LEWIS AND BOCKIUS, LLP

11
By:

12
13

/s/ Sujal Shah
Sujal Shah
Attorneys for Defendant
Ingomar Packing Company

14
15

Dated: August 14, 2017

RAMSEY & EHRLICH LLP

16
By:

17
18

/s/ Miles Ehrlich (as authorized on August 11, 2017)
Miles Ehrlich
Attorneys for Defendant Gregory R. Pruett

19
20

Dated: August 14, 2017

WEINTRAUB TOBIN CHEDIAK COLEMAN
GRODIN Law Corporation

21
By: /s/ Dale C. Campbell (as authorized on August 11, 2017)
Dale C. Campbell
Attorneys for All Plaintiffs

22
23
24
25
26
27

IT IS SO ORDERED.
Dated: August 16, 2017.
UNITED STATES DISTRICT JUDGE

28

STIPULATION AND ORDER TO CONTINUE THE HEARING ON PLAINTIFFS’ MOTION FOR RECONSIDERATION OF
THE COURT’S SUMMARY JUDGMENT ORDER
CASE NO. 2:09-CV-00208 KJM-EFB