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

Filing 318

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/23/18 ORDERING that the Final Pretrial Conference is RESET for 6/1/2018 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The parties shall confer and file a joint pretrial conference statement on or before 5/11/18. (Mena-Sanchez, L)

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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
[phone] – Main
[phone] – Facsimile
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs The Morning Star Packing Company,
Liberty Packing Company, LLC, California Fruit & Tomato
Kitchens, LLC, and The Morning Star Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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law corporation

weintraub tobin chediak coleman grodin

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THE MORNING STAR PACKING COMPANY, )
a California limited partnership; et al.,
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Plaintiffs,
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vs.
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SK FOODS, L.P., a California limited
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partnership; et al.
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Defendants.
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Case No. 2:09-CV-00208 KJM-EFB
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE FINAL PRETRIAL
CONFERENCE AND RELATED
DEADLINES
Complaint Filed: January 22, 2009
Pretrial Conference: February 23, 2018
Trial Date: No trial date set.

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Plaintiffs The Morning Star Packing Company, Liberty Packing Company, LLC,

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California Fruit & Tomato Kitchens, LLC, and The Morning Star Company (collectively

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referred to as “Plaintiffs”); Defendants Ingomar Packing Company, LLC and Greg Pruett

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(collectively the “Ingomar Defendants”) and Defendant Scott Salyer, by and through their

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counsel of record, hereby submit the following stipulation and [proposed] Order:

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{2360771.DOC;}

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Stipulation and Order to Continue
Final Pretrial Conference

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WHEREAS, on July 17, 2017, the Court issued an Order pursuant to a stipulation

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between the parties in which it set the final pre-trial conference in this matter for

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February 23, 2018 at 10:00 a.m., with the remaining parties to file a joint final pre-trial

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statement due no later than February 2, 2018. (See Stipulation and Order, Dkt. #307, at p.

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3.)

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WHEREAS, on July 12, 2017, Morning Star filed a motion for reconsideration of the

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Court’s ruling on the summary judgment motions of the Ingomar Defendants and

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Defendants Los Gatos Tomato Products, LLC, and Stuart Wolf, which was eventually set

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for hearing on November 17, 2017. (Dckt. #306.)
WHEREAS, on November 13, 2017, the Court issued a Minute Order stating that it

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was taking the motion for reconsideration under submission without the need for oral

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argument. (See Dkt. #316.)

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WHEREAS, the Court has not issued a ruling on the motion for reconsideration,

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which could affect the number of parties and/or issues to be the subject of any trial in this

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law corporation

weintraub tobin chediak coleman grodin

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matter.

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WHEREAS, Morning Star and the Ingomar Defendants in the meantime have
engaged in settlement discussions that are ongoing.

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WHEREAS, the parties believe that in light of the above, that it will be more

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efficient and economical, as well as preserving judicial resources, to vacate the final pre-

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trial conference scheduled for February 23, 2018 and continue it to an available date that

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is 90-120 days later, pursuant to the Court’s calendar.

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THEREFORE, the Parties, by and through their respective counsel of record, hereby
stipulate as follows:

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1.

The Parties request that the final pretrial conference be continued to the

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first available court date no earlier than 90-120 days after the currently scheduled date of

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February 23, 2018, with the required joint final pre-trial statement due 21 days before the

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new conference date.

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{2360771.DOC;}

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Stipulation and Order to Continue
Final Pretrial Conference

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IT IS SO STIPULATED.
Dated: January 19, 2018

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WEINTRAUB TOBIN CHEDIAK COLEMAN GRODIN
Law Corporation
By:

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Attorneys for Plaintiffs
The Morning Star Packing Company,
Liberty Packing Company, LLC, California
Fruit & Tomato Kitchens, LLC, and
The Morning Star Company

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Dated: January 19, 2018

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SEGAL & ASSOCIATES, PC
By:

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Dated: January 19, 2018

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MORGAN, LEWIS & BOCKIUS LLP
By:

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/s/ - Sujal J. Shah
Sujal J. Shah
Attorneys for Defendant
Ingomar Packing Company

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/s/ - Malcolm Segal
Malcolm Segal
Attorneys for Defendant Scott Salyer

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law corporation

weintraub tobin chediak coleman grodin

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/s/ - James Kachmar
James Kachmar

Dated: January 19, 2018

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RAMSEY & EHRLICH LLP
By:

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Attorneys for Defendant Greg Pruett

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/s/ - Miles Ehrlich
Miles Ehrlich

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{2360771.DOC;}

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Stipulation and Order to Continue
Final Pretrial Conference

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IT IS SO ORDERED. The Parties request that the final pretrial conference be

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continued is granted. The final pretrial conference set for February 23, 2018 is vacated

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and reset for June 1, 2018 at 10:00 a.m. in Courtroom No. 3. The parties shall confer and

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file a joint pretrial conference statement on or before May 11, 2018.

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DATED: January 23, 2018.

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UNITED STATES DISTRICT JUDGE

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{2360771.DOC;}

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Stipulation and Order to Continue
Final Pretrial Conference