Valley Fine Foods Company, Inc. v. Buona Vita, Inc.

Filing 18

STIPULATION and ORDER amending the scheduling order to extent discovery deadlines only, signed by Magistrate Judge Carolyn K. Delaney on 6/5/15. Non-Expert discovery due 8/24/15. Plaintiff's expert disclosures due 9/7/15. Defendant's expert disclosures due 9/21/15. Rebuttal expert disclosures due 9/28/15. Expert discovery due 10/28/15. (Kastilahn, A)

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Michael C. Robinson (Bar No. 120308)
[e-mail]
George K. Rosenstock (Bar No .117515)
[e-mail]
ROBINSON DI LANDO
800 Wilshire Boulevard, Suite 750
Los Angeles, California 90017-2687
Telephone [phone]
Facsimile: [phone]
Attorneys for Plaintiff
VALLEY FINE FOODS COMPANY, INC
Todd A. Jones (Bar No. 198024)
[e-mail]
Chad D. Greeson (Bar No. 251928)
[e-mail]
ARCHER NORRIS
301 University Avenue, Suite 110
Sacramento, CA 95825-5537
Telephone: [phone]
Facsimile: 916.646.5696
Attorneys for Defendant
BUONA VITA, INC., a New Jersey
corporation

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VALLEY FINE FOODS
COMPANY, INC. a California
corporation,
Plaintiff,

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v.

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BUONA VITA, INC., a New Jersey
corporation and DOES 1 through 10,

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Defendants.

Case No. 2:13-CV-01356-CKD
STIPULATION TO AMEND THE
SCHEDULING ORDER TO EXTEND
DISCOVERY DEADLINES ONLY;
DECLARATION OF MICHAEL C.
ROBINSON AND ORDER
Removal Date:
July 8, 2013
Trial Date:
January 11, 2016
Magistrate Judge: Carolyn K. Delaney

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This Stipulation to modify only discovery deadlines set forth in the Court’s

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Second Scheduling Order (Docket No. 16) as follows is made between Plaintiff

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VALLEY FINE FOOD COMPANY, INC. (hereinafter “VALLEY”) on the one
ZA185/2164576-1

STIPULATION TO AMEND THE
SCHEDULING ORDER
2:13-CV-01356-KJM-CKD

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hand and Defendant BUONA VITA, INC. (hereinafter “BV”) on the other hand

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(Plaintiff and Defendant hereinafter collectively referred to as the “PARTIES”)

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with respect to the following recital of fact:

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RECITALS:

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1. The discovery cutoff for non-expert discovery is now set for July 8, 2015,

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based upon the Revised Court’s Scheduling Order dated January 27, 2015

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(Docket No. 16).

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2. The case is set for trial January 11, 2016 in courtroom No. 24 before
United States Magistrate Judge Carolyn K. Delaney

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3. The Pre-Trial Conference is set for November 4, 2015 at 11:00 a.m. in

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courtroom No. 24 before United States Magistrate Judge Carolyn K.

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Delaney.

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4. The PARTIES have met and conferred over depositions of Parties, party-

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affiliated witnesses and third-party witnesses and it appears that due to the

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location of various witnesses and their status as former employees, as well

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as the location of various third-party fact witnesses in the Mid-West, it

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will be impossible to conduct all necessary depositions before the non-

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expert discovery cutoff, currently set for July 8, 2015 (See Declaration of

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Michael C. Robinson, ¶ 2. filed herewith and incorporated by reference

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herein.)

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5. Plaintiff is in negotiation with Defendant to arrange for key/employee

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party affiliates witnesses located in and around New Jersey, as well as

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multiple categories of Persons Most Knowledgeable depositions of

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Defendant BV, whose relevance has become apparent during the recent

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completion of depositions of Plaintiff’s officers and employees in Walnut

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Creek, California. This will require meetings between defense counsel

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and the deponents in advance of any depositions to inquire as to the scope

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of areas of responsibility regarding areas of testimony in the Rule 30(b(6)
ZA185/2164576-1

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STIPULATION TO AMEND SCHEDULING
ORDER
2:13-CV-01356-KJM-CKD

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deposition and further negotiation to possibly consolidate witnesses as the

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persons most qualified in more than one area of responsibility.

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6. The PARTIES have met and conferred and agree that it makes sense to

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request that the Court extend all discovery cutoff by 45 days, while

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maintaining other dates at the continued convenience to the Court’s

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schedule, to allow sufficient discovery and trial preparation.

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7. The PARTIES continue to discuss the potential for settlement discussion

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in advance of the Pre-Trial Conference date, but must complete non-

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expert discovery before settlement discussions can be fruitful.

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8. The current case schedule and the proposed new dates are as follows:

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July 8, 2015: Non-Expert Discovery Completion Date (proposed new

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date: August 24, 2015);

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July 24, 2015: Plaintiff’s Expert Disclosures Completed (proposed new

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date: September 7, 2015);

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August 5, 2015: Defendant’s Expert Disclosures Completed (proposed

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new date: September 21, 2015);

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August 13, 2015: Rebuttal Expert Disclosures Completed (proposed new

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date: September 28, 2015);

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September 11, 2015: Expert discovery Completed (proposed new date:

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October 28, 2015);

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All other dates to remain as set forth in the Court’s Revised Scheduling

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Order.

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IT IS STIPULATED AND AGREED:

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1. The PARTIES respectfully request that the Court continue the dates as set

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forth above but to maintain all other dates previously set by the Court in

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the Revised Court Scheduling Order.

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2. No PARTY will use this continuance as a basis for seeking a further
continuance of any other pretrial deadline or the trial of this matter.
ZA185/2164576-1

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STIPULATION TO AMEND SCHEDULING
ORDER
2:13-CV-01356-KJM-CKD

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Dated: June 1, 2015

ROBINSON DI LANDO

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By:

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Dated: June 1, 2015

/S/
_______________________________
Michael Robinson
George K. Rosenstock
Attorneys for Plaintiff, VALLEY FINE
FOODS COMPANY, INC.
ARCHER NORRIS

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/S/

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By:

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_______________________________
Todd A. Jones
Attorneys for Defendant BUONA VITA,
INC.

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IT IS SO ORDERED.
Dated: June 5, 2015

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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ZA185/2164576-1

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STIPULATION TO AMEND SCHEDULING
ORDER
2:13-CV-01356-KJM-CKD