Tat Tohumculuk A.S. v. H. J. Heinz Company, et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 10/1/14: Non-Expert Discovery Closes December 31, 2014. Last Day to Disclose Experts and Produce Expert Reports is January 31, 2015. Last Day to Disclose Rebuttal Experts and Produce Expert Rebuttal Reports is February 15, 2015. Expert Discovery Closes March 1, 2015. (Kaminski, H)

1 Effie F. Anastassiou, Esq. (SBN 96279)
ANASTASSIOU & ASSOCIATES
2 242 Capitol Street
Post Office Box 2210
3 Salinas, California 93902
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff,
TAT TOHUMCULUK A. S.
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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA,

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10 TAT TOHUMCULUK A. S., a Turkish
company,
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Plaintiff,
12 v.

CASE NO. 2:13-cv-00773-WBS-KJN
SECOND
STIPULATION
AND
[PROPOSED] ORDER TO CONTINUE
DISCOVERY DEADLINES

13 H.J. HEINZ COMPANY, L.P., a Pennsylvania
Limited Partnership registered to do business
14 in California, and HEINZSEED, an
unincorporated division of H.J. HEINZ
15 COMPANY, L.P,
Defendants.

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Plaintiffs TAT Tohumculuk A.S. ("Plaintiff") and Defendants H.J. Heinz Company, L.P.,

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and Heinzseed, an unincorporated division of H.J. Heinz Company, L.P. (collectively,
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"Defendants") (collectively, the "Parties") hereby submit, through their undersigned counsel of

21 record, the following Stipulation and Proposed Order:
WHEREAS, on January 15, 2014, this Court entered its Status (Pretrial Scheduling) Order1

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23 (the “Scheduling Order”) which set forth, among other things, discovery and motion deadlines in
24 the above referenced matter;
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ECF No. 41.

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Stipulation and [PROPOSED] Order to File Amended Complaint

WHEREAS, on July 18, 2014, this Court entered a Stipulation and Order to Continue

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2 Discovery Deadlines based on the Parties’ previous decision to postpone discovery in order to
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conduct informal settlement discussions which were not successful (the “Amended Discovery
Schedule”);1

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WHEREAS, the Defendants recently retained new counsel in this matter and a Consent

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Order Granting Substitution of Attorney was filed with this Court on September 26, 2014,2 which

8 is currently awaiting this Court’s approval and signature;
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WHEREAS, the Parties wish to extend those deadlines set forth in the Amended Discovery

10 Schedule as follows, in order to allow additional time for the Defendants’ new counsel to
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familiarize themselves with this case and then determine the additional discovery they wish to

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conduct prior to the discovery cut-off date, as follows;
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Deadline for:

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Currently Scheduled
Deadline:
November 14, 2014

Proposed Rescheduled
Deadline
December 31, 2014

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Non-Expert Discovery Closes

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Last Day to Disclose Experts
and Produce Expert Reports

December 15, 2014

January 31, 2015

January 15, 2015

February 15, 2015

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Last Day to Disclose Rebuttal
Experts and Produce Expert
Rebuttal Reports

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Expert Discovery Closes

February 13, 2015

March 1, 2015

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Last Day to File Motions,
Except for Continuances,
Temporary Restraining
Orders, or Other Emergency
Applications

February 13, 2015

March 1, 2015

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ECF No. 49.

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ECF No. 50.

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2
Second Stipulation and [PROPOSED] Order to Continue Discovery Deadlines

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THEREFORE, IT IS HEREBY STIPULATED between counsel for Defendants and

2 counsel for Plaintiff that the discovery and motion deadlines set forth in the Scheduling Order be
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rescheduled as set forth above.
SO STIPULATED.

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Dated: September 26, 2014

ANASTASSIOU & ASSOCIATES
By:

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/s/ Effie F. Anastassiou
Effie F. Anastassiou, Esq.
Attorneys for Plaintiff,
TAT TOHUMCULUK A. S.

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10 Dated: September 26, 2014
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GORDON & REES LLP
By:

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/s/ Sean P. Flynn
Sean P. Flynn, Esq.
Attorneys for Defendants,
H. J. HEINZ COMPANY L.P., erroneously
sued as "H. J. Heinz Company" and
HEINZSEED, an unincorporated division of
H.J. HEINZ COMPANY, L.P.

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Second Stipulation and [PROPOSED] Order to Continue Discovery Deadlines

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[PROPOSED] ORDER
Appearing that good cause exists pursuant to the foregoing stipulation of the Parties, IT IS

3 HEREBY ORDERED that the deadlines for discovery and motions set forth in my Status (Pretrial
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Scheduling) Order, are rescheduled as follows:

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Deadline for:

Currently Scheduled
Deadline:
November 14, 2014

Proposed Rescheduled
Deadline
December 31, 2014

Last Day to Disclose
Experts and Produce
Expert Reports

December 15, 2014

January 31, 2015

Last Day to Disclose
Rebuttal Experts and
Produce Expert Rebuttal
Reports

January 15, 2015

February 15, 2015

Expert Discovery Closes

February 13, 2015

March 1, 2015

Last Day to File Motions,
Except for Continuances,
Temporary Restraining
Orders, or Other
Emergency Applications

February 13, 2015

March 1, 2015

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Non-Expert Discovery
Closes

SO ORDERED.

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18 Dated: October 1, 2014
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Second Stipulation and [PROPOSED] Order to Continue Discovery Deadlines