Best Buy Stores, L.P. v. Manteca Lifestyle Center, LLC

Filing 61

ORDER signed by Magistrate Judge Kendall J. Newman on 8/25/11 ORDERING that by close of business on Friday, 9/2/11, defendant Manteca is ordered to produce all communications between Manteca and its tenants responsive to the topics addressed in this order. Defendant's 55 motion for protective order, or, in the alternative, to quash the subpoenas is taken under SUBMISSION. Judge Newman will preside over another informal telephonic conference at 2 p.m. on Thursday, 9/22/11, if necessary. Each party shall FILE a short letter brief regarding the discovery dispute by 5 p.m. on Tuesday, 9/20/11. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BEST BUY STORES, L.P., a Virginia
limited partnership,

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Plaintiff,

No. 2:10-cv-0389-WBS-KJN

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vs.
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MANTECA LIFESTYLE CENTER, LLC,
a Delaware limited liability company,

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Defendant.

ORDER

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At the joint request of plaintiff and counter-defendant Best Buy Stores, L.P. (the

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“plaintiff” or “Best Buy”) and defendant and counter-claimant Manteca Lifestyle Center, LLC

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(the “defendant” or “Manteca”), the undersigned presided over an informal telephonic conference

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between the parties on August 25, 2011, at 2:00 p.m.1 Attorney Amy Churan attended

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telephonically on behalf of the plaintiff. Attorneys Howard Jeruchimowitz and Rita Powers

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attended telephonically on behalf of the defendant.

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(1) and 28 U.S.C. § 636(b)(1).

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For the reasons discussed during the conference, it is hereby ORDERED that:

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By close of business on Friday, September 2, 2011, defendant Manteca is

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ordered to produce all communications between Manteca and its tenants2 responsive to the

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following narrowed topics: “letters of intent, phases/sections, tenant mix, timing and/or delay of

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construction of buildings, definition of the term shopping center, square footage/GLA of the

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shopping center, outlet stores, and certificates of occupancy.”3

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2.

The court takes Defendant’s Motion For Protective Order, Or, In The

Alternative, To Quash The Subpoenas (Dkt. No. 55) under submission at this time.

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By consent of the parties, Judge Newman will preside over another

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informal telephonic conference at 2 p.m. on Thursday, September 22, 2011, if necessary. That

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conference will address the status of Manteca’s production of documents responsive to the

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above-described topics, as well as whether there is a need for additional document production by

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non-party tenants. The parties shall telephone Judge Newman’s courtroom deputy at (916) 930-

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4187 at 2 p.m. on September 22, 2011. Each party shall file a short “letter brief” regarding the

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discovery dispute by 5 p.m. on Tuesday, September 20, 2011. The letter briefs may include

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attachments, if necessary, but the parties should strive for brevity.

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IT IS SO ORDERED.
DATED: August 25, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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The term “tenants” as it is used in this sentence means the seven existing tenants and
one prospective tenant to which Best Buy has issued nonparty subpoenas. Those nonparty
subpoenas were the subject of the August 25, 2011 teleconference.
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This list of topics was the result of the parties’ meet and confer efforts and was stated in
the third paragraph of plaintiff’s letter brief dated August 23, 2011, as well as in the second
paragraph of defendant’s letter brief dated August 23, 2011.
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