Best Buy Stores, L.P. v. LF2 Rock Creek LP

Filing 37

STIPULATION and ORDER signed by Chief Judge Morrison C. England, Jr., on 10/14/14 ORDERING that fact discovery cut off for the limited purpose of taking the deposition of Best Buy's Rule 30(b)(6) designee(s) pursuant to the deposition notice already served by Defendant is EXTENDED to 12/18/2014; and the deadline for Initial expert witness disclosures is EXTENDED to 1/12/2015. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BEST BUY STORES, L.P.,

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Case No. 2:13-CV-00433-MCE-AC

Plaintiff,

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v.

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LF2 ROCK CREEK LP,

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STIPULATION AND ORDER TO EXTEND
FACT AND EXPERT DISCOVERY
DEADLINES IN PRETRIAL SCHEDULING
ORDER

Defendant.

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Complaint Filed:
Trial Date:

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March 5, 2013
July 13, 2015

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Plaintiff BEST BUY STORES, L.P., and Defendant LF2 ROCK CREEK LP (collectively, the

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“Parties”), by and through their respective undersigned counsel and subject to this Court’s approval,

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hereby stipulate and agree and request the approval of the Court to continue the fact and expert witness

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disclosure deadlines (currently set for October 10, 2014 and December 11, 2014, respectively) for an

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additional one and half months as set forth below.

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1.

December 18, 2014:

Fact discovery cut off for the limited purpose of taking the

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deposition of Best Buy’s Rule 30(b)(6) designee(s) pursuant to the deposition notice

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already served by Defendant.

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2.

January 12, 2015: Initial expert witness disclosures.

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The Court is requested to approve these extensions on the following bases:

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1) The Parties both await results from their respective Motions for Summary Judgment, and as a

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result previously continued the discovery deadline to postpone the depositions of 30(b)(6) and

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other witnesses in the event that a ruling on the pending motions obviated the need for those
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STIPULATION AND ORDER TO EXTEND FACT AND EXPERT DISCOVERY DEADLINES IN PRETRIAL
SCHEDULING ORDER
Case No. 2:13-CV-00433-MCE-AC

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depositions. Those depositions have been taken other than the deposition of Best Buy’s Rule

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30(b)(6) designee(s) pursuant to the deposition notice served by Defendant, and scheduling

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conflicts have arisen (including because of the out-of state travel required to take the

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deposition(s)) such that there is not a mutually available date on which to complete the

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30(b)(6) designee’s(s’) deposition before the current fact discovery cut-off.

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2) Due to scheduled November and December trials of both Parties’ counsel and the availability

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of Best Buy’s Vice President of Real Estate Pat Matre, the first available mutually agreeable

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date for his deposition is December 16, 2014, in Minneapolis, Minnesota.
3) The requested extensions do not impact any other deadlines set forth in the Court’s Pretrial

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Scheduling Order.

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4) Only one previous extension has been requested by the Parties to the Court.

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5) Trial is not set until July 13, 2015.

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IT IS HEREBY STIPULATED and the parties request that the following deadlines be extended

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by approximately two months, with the new deadlines set forth below:
1.

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December 18, 2014: Fact discovery cut off for the limited purpose of taking the deposition

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of Best Buy’s Rule 30(b)(6) designee(s) pursuant to the deposition notice already served

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by Defendant.
2.

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January 12, 2015: Initial expert witness disclosures.

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STIPULATION AND ORDER TO EXTEND FACT AND EXPERT DISCOVERY DEADLINES IN PRETRIAL
SCHEDULING ORDER
Case No. 2:13-CV-00433-MCE-AC

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DATED: October ___, 2014

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By:

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ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
/s/ Michael A. Geibelson
Michael A. Geibelson, Esq.

Attorneys for Plaintiff Best Buy Stores, L.P.
DATED: October ___, 2014

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GREENBERG TRAURIG, LLP
By: /s/ Cindy Hamilton_____________________
William J. Goines
Cindy Hamilton
Alice Y. Chu

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Attorneys for Defendant LF2 Rock Creek LP

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ORDER

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IT IS SO ORDERED.
Dated: October 14, 2014

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STIPULATION AND ORDER TO EXTEND FACT AND EXPERT DISCOVERY DEADLINES IN PRETRIAL
SCHEDULING ORDER
Case No. 2:13-CV-00433-MCE-AC