West Coast Vegetable Co., Inc. v. West Central Produce, Inc. et al

Filing 20

STIPULATION and ORDER signed by Judge John A. Mendez on 07-30-10. Discovery due by 11/30/2010; Designation of Expert Witnesses due by 9/15/2010; Dispositive Motions filed by 12/15/2010; Motion Hearing set for 1/12/2011 at 09:30 AM in Courtroom 6 (JAM ) before Judge John A. Mendez. Parties shall file their Joint Pre-Trial Conference Statement not later than 02/16/11; Final Pretrial Conference re-set for 2/23/2011 at 03:00 PM in Courtroom 6 (JAM) before Judge John A. Mendez; Jury Trial re-set for 4/4/2011 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Williams, D)

West Coast Vegetable Co., Inc. v. West Central Produce, Inc. et al

Doc. 20

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JAMES M. MORRIS, ESQ. - SBN 48365 Attorney at Law 3031 W. March Lane, Suite 201 Stockton, CA 95219-6568 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for West Coast Vegetable Co., Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

WEST COAST VEGETABLE CO., INC., a California corporation, Plaintiff,

13 vs. 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 / WEST CENTRAL PRODUCE, INC., a California corporation, and DOES 1 through 50, inclusive,

) ) ) ) ) ) ) ) ) ) ) )

NO. 2:09-CV-03096-JAM-EFB AMENDED STIPULATION TO MODIFY STATUS (PRETRIAL SCHEDULING) ORDER AND ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel as follows: 1. On March 8, 2010 the Court entered its Status (Pre-Trial Scheduling) Order

scheduling trial to commence on March 7, 2011. 2. By stipulation and order filed April 5, 2010, the Court granted the parties'

Stipulation for Continuance of Trial. 3. 4. Trial is currently scheduled for March 28, 2011. On April 13, 2010, counsel for plaintiff was unexpectedly hospitalized for a heart

condition and underwent open-heart surgery on April 23, 2010. Counsel for plaintiff was, as a result of the hospitalization and surgery, away from his office for the better part of five weeks. 5. Despite counsel's absence, the attorneys for both parties have been working

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[L:Amended Stipulation-Modify Pretrial Status Order.607.JMM.dmv.7/30/10]

Case No. 2:09-CV03096-JAM-EFB

Dockets.Justia.com

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diligently to meet each deadline set forth in the Status (Pretrial Scheduling) Order. Nonetheless, they find that they are unable to meet certain portions of the pretrial schedule and therefore mutually request that the Court enter an order modifying certain pretrial and trial deadlines. 6. Specifically, the parties request that the following changes be made: a. Motion Hearings Schedules: All dispositive motions shall be filed by December 15, 2010. Hearing on such motions shall be on January 12, 2011 at 9:30 a.m. in Courtroom #6. b. Discovery: All discovery shall be completed by November 30, 2010. c. Disclosure of Expert Witnesses: The parties shall make expert witness disclosures under Fed. R. Civ. P. 26(a)(2) by September 15, 2010. Supplemental disclosures and disclosure of any rebuttal experts under Fed. R. Civ. P.26(a)(2)(c) shall be made by September 30, 2010. d. Pre-Trial Conference: A Final Pre-Trial Conference shall be held on February 23, 2011 at 3:00 p.m. The parties shall file their Joint Pre-Trial Conference Statement not later than February 16, 2011. e. Trial: A jury trial shall commence April 4, 2011 at 9:00 a.m. 7. Except as otherwise set forth herein, the parties request that the Status (Pretrial Scheduling) Order remain as filed March 8, 2010. Dated: July 30, 2010. /James M. Morris/ JAMES M. MORRIS, Attorney for Plaintiff, West Coast Vegetable Co., Inc. DYKEMA GOSSETT LLP By [Order follows on next page] /Allan Gabriel/ ALLAN GABRIEL, Attorneys for Defendant, West Central Produce, Inc.

Dated: July 30, 2010. 26 27 28

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[L:Amended Stipulation-Modify Pretrial Status Order.607.JMM.dmv.7/30/10]

Case No. 2:09-CV03096-JAM-EFB

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~~~~~~~~~~~~~~~ ORDER Good cause appearing, IT IS SO ORDERED. /s/ John A. Mendez U. S. DISTRICT COURT JUDGE

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[L:Amended Stipulation-Modify Pretrial Status Order.607.JMM.dmv.7/30/10]

Case No. 2:09-CV03096-JAM-EFB