Starbucks Corporation v. Amcor Packaging Distribution, et al.,

Filing 100

STIPULATION and ORDER to Modify Scheduling Order 99 signed by Senior Judge William B. Shubb on 2/11/2016: The parties shall disclose experts and produce reports in accordance with Federal Rules of Civil Procedure, rule 26(a)(2), no later than 3/ 8/2016; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rules of Civil Procedure, rule 26(a)(2), on or before 3/29/2016. The closure for expert discovery shall be 5/6/2016. The parties hereto agree that the deadline for the filing of motions in this matter shall be 7/1/2016. The Final Pretrial Conference is reset for 9/12/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial date is reset for 11/8/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.. (Kirksey Smith, K)

1 PETER K. RENSTROM (SBN 148459)
[e-mail]
2 JOHN M. MARSTON (SBN 240804)
[e-mail]
3 JACKSON JENKINS RENSTROM LLP
55 Francisco Street, Suite 410
4 San Francisco, CA 94133
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Defendant/
Cross-Claimant and Cross-Defendant
7 PALLETS UNLIMITED, LLC
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12 STARBUCKS CORPORATION, a
corporation,
13
Plaintiff,
14
v.
15
AMCOR PACKAGING DISTRIBUTION, a
16 corporation; AMCOR PACKAGING (USA),
INC., a corporation; and PALLETS
17 UNLIMITED, LLC, a limited liability
company,
18
Defendants.
19

Case No. 2:13-CV-01754-WBS-CKD
Hon. William B. Shubb
STIPULATION AND [PROPOSED]
ORDER TO MODIFY DATES OF
THE SCHEDULING ORDER
Complaint Filed: August 23, 2013

20 AND ALL RELATED CROSS-ACTIONS.
21
22

Plaintiff Starbucks Corporation (“Starbucks”), Defendants and Cross-Claimants

23 Amcor Packaging Distribution and Amcor Packaging (USA), Inc. (collectively referred
24 to as “Amcor”), Defendant, Cross-Claimant and Third-Party Plaintiff Pallets Unlimited,
25 LLC, and Third-Party Defendant Ozburn-Hessey Logistics (“OHL”) (collectively the
26 “parties”), by and through their respective counsel of record, stipulate as follows:
27

WHEREAS, the parties indicated in their last Stipulation that they would be filing

28 a new Stipulation regarding a continuance of the trial date and, in accordance, all parties
1
STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

CASE NO. 2:13-CV-01754-GEB-CKD

1 met and conferred and agreed to stipulate as follows:
2

IT IS HEREBY STIPULATED by and between the parties, through their

3 respective counsel and subject to the Court’s approval, that good cause has been shown
4 and the Scheduling Order shall be clarified as follows, subject to further modification
5 upon a showing of good cause under Federal Rules of Civil Procedure, rule 16(b).
6

Expert Discovery:

The parties shall disclose experts and produce reports in

7 accordance with Federal Rules of Civil Procedure, rule 26(a)(2), no later than March 8,
8 2016; with regard to expert testimony intended solely for rebuttal, those experts shall be
9 disclosed and reports produced in accordance with Federal Rules of Civil Procedure, rule
10 26(a)(2), on or before March 29, 2016. The closure for expert discovery shall be May 6,
11 2016.
12

Motion Deadline: The parties hereto agree that the deadline for the filing of

13 motions in this matter shall be July 1, 2016.
14

Pre-Trial Conference: It is hereby stipulated between the parties that the Pre-Trial

15 Conference shall be held on September 12, 2016 at 1:30 p.m.
16

Trial Date:

The parties hereby stipulate that the trial in this matter shall be

17 scheduled for November 8, 2016 at 9:00 a.m.
18

IT IS SO STIPULATED.

19 DATED: February 10, 2016

KIRKLAND & ELLIS LLP

20
21

/s/ Michael J. Shipley
Michael J. Shipley
Attorneys for Third-Party Defendant
Ozburn-Hessey Logistics

22
23
24 DATED: February 10, 2016

GIBSON ROBB & LINDH LLP

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g:\docs\shu\ds
hu2\inbox\sign
ed\13cv1754
starbucks - stip
to modify
pretrial

/s/ Joshua E. Kirsch
Joshua E. Kirsch
Attorneys for Plaintiff
Starbucks Corporation
2
STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

CASE NO. 2:13-CV-01754-GEB-CKD

1 DATED: February 10, 2016

JACKSON JENKINS RENSTROM LLP

2
3

5

/s/ John M. Marston
John M. Marston
Attorneys for Defendant, CrossClaimant, and Third-Party Plaintiff
Pallets Unlimited, LLC

6 DATED: February 10, 2016

BORTON PETRINI, LLP

4

7
8

/s/ Manish Parikh
Manish Parikh
Attorneys for Defendants and CrossClaimants Amcor Packaging Distribution
and Amcor Packaging (USA), Inc.

9
10
11
12

IT IS SO ORDERED.

13 Dated: February 11, 2016
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g:\docs\shu\ds
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starbucks - stip
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pretrial

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STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

CASE NO. 2:13-CV-01754-GEB-CKD