Sofpool, LLC v. KMart Corporation et al

Filing 45

ORDER GRANTING DEFENDANTS' EX PARTE APPLICATION FOR CLARIFICATION OF EXPERT REPORT DEADLINES AND DESIGNATIONS 41 signed by Judge Lawrence K. Karlton on 2/13/12. (Matson, R)

1
2
3
4
5
6
7
8
9
10

Paul L. Gale (SBN 065873)
[e-mail]
TROUTMAN SANDERS LLP
5 Park Plaza, Suite 1400
Irvine, CA 92614-2545
Telephone:
949.622.2700
Facsimile:
949.622.2739
Jeffrey C. Morgan (Admitted Pro Hac Vice)
[e-mail]
TROUTMAN SANDERS LLP
600 Peachtree Street, NE, Suite 5200
Atlanta, GA 30308
Telephone:
404.885.3661
Facsimile:
404.962.6530
Attorneys for Defendants
KMART CORPORATION and
BIG LOTS STORES, INC.

SUITE 1400

I R V I N E , CA 9 2 6 1 4 - 2 5 4 5

5 PARK PLAZA

T ROUTMAN S ANDERS LLP

11

UNITED STATES DISTRICT COURT

12

EASTERN DISTRICT OF CALIFORNIA

13

SACRAMENTO DIVISION

14
15

SOFPOOL LLC, a limited liability
company,

16

Case No. CV 10-03333 LKK (JFM)
Hon. Lawrence K. Karlton

Plaintiff,
17
v.
18
19
20

KMART CORPORATION, a Michigan
Corporation, BIG LOTS, INC., an Ohio
Corporation, and BIG LOTS STORES,
INC., an Ohio Corporation,

21

ORDER GRANTING DEFENDANTS’ EX
PARTE APPLICATION FOR
CLARIFICATION OF EXPERT REPORT
DEADLINES AND DESIGNATIONS

Defendants.

22
AND RELATED COUNTERCLAIMS.
23
24
25
26
27
28
[PROPOSED] ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR CLARIFICATION AND
MODIFICATION OF EXPERT REPORT DEADLINES AND DESIGNATIONS
1128345v1

1
2

The Court has reviewed Defendants Kmart Corporation and Big Lots Stores, Inc.’s

3

(“Defendants”) ex parte application for clarification and modification of expert report deadlines

4

and designations. After reviewing the ex parte application, the Declaration of Paul L. Gale, and

5

the records and pleadings on file, and good cause appearing therefor, the Court GRANTS the ex

6

parte application and ORDERS the following clarifications to the March 11, 2011 Status (Pretrial

7

Scheduling) Conference Order (“Scheduling Order”):

8
9

1.

Parties bearing the burden of proof on an issue at trial shall have served expert

SUITE 1400

I R V I N E , CA 9 2 6 1 4 - 2 5 4 5

Civ. P. 26(a)(2)(B) and (C), and shall have filed their designation of such experts with the Court,

12
5 PARK PLAZA

reports and disclosures on all such issues, including without limitation those pursuant to Fed. R.

11
T ROUTMAN S ANDERS LLP

10

on or before February 3, 2012.

13
14

2.

Parties not bearing the burden of proof on an issue at trial shall serve expert reports

15

and disclosures on all such issues, including without limitation those pursuant to Fed. R. Civ. P.

16

26(a)(2)(D)(ii), and shall file their designation of such experts with the Court, on or before

17

February 24, 2012. Such non-proof bearing party may, but shall not be required to, designate and

18

serve an expert report or disclosure even if the proof bearing party filed no designation or served

19

no expert report on the issue.

20
21
22

3.

All expert rebuttal reports to the expert reports served February 24, 2012 shall be

served March 12, 2012.

23
24

4.

Pursuant to the court’s scheduling order, all expert depositions shall be concluded

25

by the March 21, 2012 date for close of discovery, absent agreement by the parties to extend that

26

date to accommodate the schedules of experts or counsel. Order, Dkt. 23, at 4:25-26.

27
28
-1[PROPOSED] ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR CLARIFICATION AND
MODIFICATION OF EXPERT REPORT DEADLINES AND DESIGNATIONS
1128345v1

1
2

5.

No witness shall be permitted to offer opinion testimony during any proceeding in

3

this action, including trial, who has not complied with the foregoing provisions, the Scheduling

4

Order, the Federal Rules of Civil Procedure, and the Local Rules and Orders of this Court, absent

5

a showing that precluding such opinion testimony would be manifestly unjust.

6
7

IT IS SO ORDERED.

8
9

DATED: February 13, 2012.

10
11

SUITE 1400

I R V I N E , CA 9 2 6 1 4 - 2 5 4 5

5 PARK PLAZA

T ROUTMAN S ANDERS LLP

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2[PROPOSED] ORDER GRANTING DEFENDANTS’ EX PARTE APPLICATION FOR CLARIFICATION AND
MODIFICATION OF EXPERT REPORT DEADLINES AND DESIGNATIONS
1128345v1