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

Filing 103

STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/07/16 ORDERING that the parties shall disclose experts and produce reports by 03/22/16 with expert rebuttal due by 04/12/16; the closure for expert discovery is 05/20/16. (Benson, A)

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PETER K. RENSTROM (SBN 148459)
[e-mail]
JOHN M. MARSTON (SBN 240804)
[e-mail]
TODD M. THACKER (SBN 199506)
[e-mail]
JEFFREY P. WILSON (SBN 258027)
[e-mail]
JACKSON JENKINS RENSTROM LLP
55 Francisco Street, Suite 410
San Francisco, CA 94133
Tel: [phone]
Fax: [phone]
Attorneys for Defendant/Cross-Complainant
and Cross-Defendant
PALLETS UNLIMITED, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STARBUCKS CORPORATION,
a corporation,

Case No. 2:13-CV-01754-WBS-CKD

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER TO MODIFY DATES OF
THE SCHEDULING ORDER

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v.
AMCOR PACKAGING
DISTRIBUTION, a corporation;
AMCOR PACKAGING (USA),
INC., a corporation; and PALLETS
UNLIMITED, LLC, a limited
liability company,

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Complaint Filed: August 23, 2013
Date: TBD
Time: 10:00 AM
Courtroom: 24
Judge: Hon. Carolyn K. Delaney

Defendants.
AND RELATED CROSSACTIONS.

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

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Claimants Amcor Packaging Distribution and Amcor Packaging (USA), Inc.

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(collectively referred to as “Amcor”), Defendant, Cross-Complainant and Third-

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

STARBUCKS v. AMCOR-STIPULATION/ORDER TO MODIFY DATES OF SCHEDULING ORDER

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Party Pallets Unlimited, LLC (“Pallets”), and Third-Party Defendant Ozburn-

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Hessey Logistics (“OHL”) (collectively the “parties”), by and through their

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respective counsel of record, pursuant to L.R. 143 and 144, hereby stipulate as

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follows:

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WHEREAS, the parties had previously stipulated and the Court ordered the

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following modifications: that the parties shall disclose experts and produce reports

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in accordance with Federal Rules of Civil Procedure, rule 26(a)(2), no later than

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March 8, 2016; with regard to expert testimony intended solely for rebuttal, those

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experts shall be disclosed and reports produced in accordance with Federal Rules of

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Civil Procedure, rule 26(a)(2), on or before March 29, 2016. The closure for expert

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discovery shall be conducted as to be completed by May 6, 2016. The deadline for

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the filing of motions in this matter shall be July 1, 2016. The Pre-Trial Conference

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shall be held on September 2, 2016. Trial in this matter shall be scheduled for

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November 8, 2016.

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WHEREAS, it is the intent of the parties to move the expert disclosure and

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rebuttal dates forward by two weeks at this time to give all parties sufficient time to

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disclose their experts.

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NOW THEREFORE, IT IS HEREBY STIPULATED by and between the

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parties, through their respective counsel and subject to the Court’s approval, that

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good cause has been shown and the Scheduling Order shall be clarified as follows,

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subject to further modification upon a showing of good cause under Federal Rules

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of Civil Procedure, rule 16(b).

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Expert Discovery: The parties shall disclose experts and produce reports in

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accordance with Federal Rules of Civil Procedure, rule 26(a)(2), no later than

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March 22, 2016; with regard to expert testimony intended solely for rebuttal, those

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experts shall be disclosed and reports produced in accordance with Federal Rules of

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Civil Procedure, rule 26(a)(2), on or before April 12, 2016. The closure for expert

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discovery shall be conducted as to be completed by May 20, 2016.
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CASE NO. 2:13-CV-01754-WBS-CKD

STARBUCKS v. AMCOR-STIPULATION/ORDER TO MODIFY DATES OF SCHEDULING ORDER

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IT IS SO STIPULATED.

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Signature Pages:
Dated: March 2, 2016

JACKSON JENKINS RENSTROM LLP

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By: /s/ John M. Marston
John M. Marston
Attorneys for Defendant/CrossComplainant and Cross-Defendant
PALLETS UNLIMITED, LLC

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Dated: March 2, 2016

GIBSON ROBB & LINDH LLP

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By: /s/ Joshua Kirsch
Joshua Kirsch
Attorneys for Plaintiff
STARBUCKS CORPORATION

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Dated: March 2, 2016

BORTON PETRINI, LLP

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By: /s/ Manish Parikh
Manish Parikh
Attorneys for Defendant/Cross-Complainant
DEFENDANTS AMCOR PACKAGING
DISTRIBUTION AND/OR AMCOR
PACKAGING (USA) INC.

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

STARBUCKS v. AMCOR-STIPULATION/ORDER TO MODIFY DATES OF SCHEDULING ORDER

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Signature Pages-Continued:

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RE: STIPULATION AND ORDER TO MODIFY DATES OF THE

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SCHEDULING ORDER

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Dated: March 2, 2016

KIRKLAND & ELLIS

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By: /s/ Michael Shipley
Michael Shipley
David Klein
Attorneys for Cross-Defendant
Ozburn-Hessey Logistics

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IT IS SO ORDERED.

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Dated: March 7, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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

STARBUCKS v. AMCOR-STIPULATION/ORDER TO MODIFY DATES OF SCHEDULING ORDER