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

Filing 72

STIPULATION and ORDER TO EXTEND DISCOVERY CUT-OFF signed by Magistrate Judge Kendall J. Newman on 11/2/11. (Mena-Sanchez, L)

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Attorneys for Plaintiff
BEST BUY STORES, L.P.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO DIVISION

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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Michael A. Geibelson, Bar No. 179970
[e-mail]
Amy M. Churan, Bar No. 216932
[e-mail]
ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
2049 Century Park East, Suite 3400
Los Angeles, CA 90067-3208
Telephone:
310-552-0130
Facsimile:
310-229-5800

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

JOINT STIPULATION TO EXTEND
DISCOVERY CUT-OFF FOR THE
LIMITED PURPOSE OF:

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

1. MSTSD, INC., DOCUMENT
PRODUCTION AND POSSIBLE PMK
DEPOSITION

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v.

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Defendant.

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MANTECA LIFESTYLE CENTER, LLC

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Counter-Claimant

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2. PRUDENTIAL INSURANCE
COMPANY OF AMERICA’S DOCUMENT
PRODUCTION AND POSSIBLE PMK
DEPOSITION
3. KERASOTES THEATER’S
DOCUMENT PRODUCTION
4. BASS PRO’S DOCUMENT
PRODUCTION

v.
BEST BUY STORES, L.P., a Virginia limited
partnership,
Counter-Defendant

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Case No. 2:10-CV-00389-WBS-KJN

Plaintiff BEST BUY STORES, L.P., (“Best Buy”) and Defendant MANTECA
LIFESTYLE CENTER, LLC (“Manteca”),

collectively referred to as the “Parties” by and

through their respective undersigned counsel, hereby stipulate and agree as follows:

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60527720.1

JOINT STIPULATION RE EXTENSION OF
DISCOVERY-CUT OFF

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IT IS HEREBY STIPULATED AND AGREED by the stipulating parties:

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1.

the document productions and depositions before the close of discovery on October 31, 2011.

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2.

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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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Despite the parties’ best efforts, there remain four document productions that are

not capable of being completed before the discovery deadline.

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The parties have been diligently working together and with third parties to finalize

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Best Buy therefore requests, and Manteca agrees, to a limited extension of the

discovery deadline as it relates to the following four issues only:
A.

MSTSD, Inc. Document Production and Possible PMK Deposition
4.

On August 3, 2011, Best Buy served third-party MSTSD, Inc. (“MSTSD”), the

architect for the Shopping Center, with a Subpoena Duces Tecum for the production of
documents (“MSTSD” Subpoena”). The date specified for production was August 19, 2011
5.

On August 15, 2011, MSTSD brought a Motion for a Protective Order in the

United States District Court, Northern District of Georgia. Previously, Manteca brought a Motion
for a Protective Order in the United States District Court for the Eastern District of California.
6.

Throughout August and September, 2011, Best Buy’s and Manteca’s counsel had

numerous communications with counsel for MSTSD, Patrick Phillips of Greenfield, Bost &
Kliros, regarding the scope of the production, the costs for production, and the need for the
documents to be protected as confidential pursuant to a protective order. During this time,
counsel for MSTSD worked with his client to gather the project files and streamline the culling
and collection of relevant emails and documents.
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The parties worked with MSTSD to narrow the scope of the production, cover the

costs for production, and protect MSTSD documents as confidential. The parties agreed to an
Amended Protective Order to cover the MSTSD production of documents and counsel for
MSTSD was provided with a copy of the signed order on September 29, 2011. MSTSD withdrew
its Motion for a Protective Order on September 30, 2011. Previously, Manteca also agreed to
withdraw its Motion for a Protective Order with respect to the MSTSD Subpoena.
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On or about October 4, 2011, counsel for MSTSD, Patrick Phillips of Greenfield,

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JOINT STIPULATION RE EXTENSION OF
DISCOVERY CUT-OFF

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Bost & Kliros confirmed that he would be forwarding to plaintiff’s counsel a hard drive
containing the first round of MSTSD documents. At that same time he confirmed that an outside
vendor, Net-Tech, Inc., would be responsible for culling and collecting the MSTSD emails from
the MSTSD server.

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L OS A NGELES

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plaintiff’s counsel received a confirming e-mail from Mike Dowd stating that work had begun on
the project and he expected to have output sometime next week (i.e., week of October 24, 2011)
and would be in contact when he had something deliverable.
10.

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On October 25, 2011, MSTSD’s counsel confirmed that he had received the

outstanding documents from Net-Tech and would produce the documents following his review
for attorney client privilege on November 3, 2011.

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On October 13, 2011 plaintiff’s counsel contacted Mike Dowd at Net-Tech

requesting a status update on the e-mail data collection from MSTSD, Inc. On October 17, 2011

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A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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9.

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Based on the facts set forth above, the parties have agreed that Best Buy will have

until November 17, 2011 (two weeks from the date of receipt of the MSTSD documents) to
determine the necessity of taking the deposition of the Person Most Knowledgeable at MSTSD
and to notice that deposition upon reasonable notice if necessary to be conducted by December 1,
2011, unless the parties agree otherwise.
B.

The Prudential Insurance Company of America Document Production and Possible
PMK Deposition
12.

On September 29, 2011 Plaintiff served on Defendant a Notice of Subpoena in a

Civil Case for the Prudential Insurance Company of America (“Prudential”). Attached thereto
was a copy of the Subpoena Duces Tecum which was to be served on Prudential requesting
records from Prudential. On October 7, 2011 third-party Prudential was personally served with
the Subpoena Duces Tecum.
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The date specified for Prudential’s production was set for October 11, 2011.

14.

On October 4, 2011, defense counsel requested an extension of time to produce the

Prudential documents, from October 11, 2011 to October 25, 2011.

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JOINT STIPULATION RE EXTENSION OF
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that the parties reserve October 27, 2011 as a potential date for the deposition of the person most
knowledgeable at Prudential. Plaintiff’s counsel explained that the deposition may not be
necessary, but that this determination could not be made until after review of the Prudential
documents.

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16.

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L OS A NGELES

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advised that Prudential was searching for responsive electronic documents and that it hoped to
have the results of its search completed the following week. Given the parties’ deposition
schedule the week of October 24, 2011 and Prudential/defense counsel’s need to finalize the
review of the Prudential documents prior to production, it is unlikely that the production can be
completed prior to the discovery deadline, October 31, 2011.
18.

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Defense counsel has agreed to produce the Prudential documents by November 15,

19.

Based on the facts set forth above, counsel have agreed that Best Buy Stores, L.P.

2011.

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On October 20, 2011 plaintiff and defense counsel met and conferred regarding the

documents being sought in plaintiff’s third party subpoena to Prudential. Defense counsel

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On October 11, 2011 defense counsel served Prudential’s Objections and

Responses to Subpoena.

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A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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On October 7, 2011, Plaintiff’s counsel contacted defense counsel and requested

will have until November 30, 2011 to determine the necessity of taking the deposition of the
Person Most Knowledgeable at Prudential and to notice that deposition upon reasonable notice if
necessary to be concluded by December 15, 2011, unless the parties agree otherwise.
C.

Kerasotes Document Production
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On August 2, 2011, Best Buy served third-party Kerasotes Theater with a

Subpoena Duces Tecum for the production of documents. The date specified for production was
August 19, 2011.
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Counsel for Kerasotes Theater has requested, and the parties agree to, an

extension of time for Kerasotes to determine whether it will sign a verification that it has no
further documents than those produced by Manteca or to produce any additional responsive

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JOINT STIPULATION RE EXTENSION OF
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L OS A NGELES

A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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documents on or before November 15, 2011 relating to the 8 key topics (LOIS, phases/sections,
tenants mix, timing/delay of construction, shopping center, gla/square footage, outlet stores,
certificates of occupancy).
D.

Bass Pro Production
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On August 1, 2011, Best Buy served third-party Bass Pro with a Subpoena Duces

Tecum for the production of documents. The date specified for production was August 19, 2011.
23.

The parties agreed to a Joint Stipulation to Amend the November 12, 2010

Protective Order, to extend the confidentiality protections of the Protective Order to the
production of Bass Pro documents. The Court ordered this Joint Stipulation on October 20, 2011.
24.

On October 19, 2011, Bass Pro, through Manteca’s counsel produced the Bass Pro

Lease and Letter of Intent.
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After meeting and conferring with Manteca’s counsel, Manteca agreed to review

its records and to coordinate with Bass Pro to determine if there were any other records (hard
copy or electronic) relating to the 8 key topics (LOIS, phases/sections, tenants mix, timing/delay
of construction, shopping center, gla/square footage, outlet stores, certificates of occupancy) and,
if there are such documents, produce said documents by November 15, 2011.
E.

Conclusion

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The parties agree that this extension of the third party discovery listed above does

not extend the date for any other discovery in the matter and discovery is closed.
27.

The parties agree that this extension of third party discovery does not extend or

change any of the pre-trial dates set by the Order Approving Stipulation to Amend the Status
(Pretrial Scheduling) Order dated March 4, 2011.

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JOINT STIPULATION RE EXTENSION OF
DISCOVERY CUT-OFF

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DATED: October 31, 2011

ROBINS, KAPLAN, MILLER & CIRESI L.L.P.

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By: /s/ Amy M. Churan
Michael A. Geibelson
Amy M. Churan

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ATTORNEY FOR PLAINTIFF
BEST BUY STORES, L.P.

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DATED: October 31, 2011

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ATTORNEY FOR DEFENDANT
MANTECA LIFESTYLE CENTER, LLC

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L OS A NGELES

GREENBERG TRAURIG, LLP
By: /s/ Howard Jeruchimowitz
Howard Jeruchimowitz

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A TTORNEYS A T L AW

R OBINS , K APLAN , M ILLER & C IRESI L.L.P.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.1
DATED: November 2, 2011

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The Status (Pretrial Scheduling) Order gives the magistrate judge the authority to hear and decide requests to
modify the dates or terms therein, except for requests to change the trial date. (Dkt. No. 24 at 5.)
60527720.1

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JOINT STIPULATION RE EXTENSION OF
DISCOVERY CUT-OFF