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

Filing 118

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/26/16 ORDERING that good cause has been shown under Rule 16(b) of the Federal Rules of Civil Procedure, to extend the deadline for the completion of expert discovery to June 27, 2016 and the deadline for discovery motions addressed to expert discovery to August 16, 2016. The deadline for dispositive motions shall remain July 1, 2016. All other dates in the Order shall remain unchanged. (Becknal, R)

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MICHAEL J. SHIPLEY (SBN 233674)
[e-mail]
DAVID A. KLEIN (SBN 273925)
[e-mail]
GRAHAM COLE (SBN 300996)
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Cross-Defendant
OZBURN-HESSEY LOGISTICS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STARBUCKS CORPORATION,

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Plaintiff,
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v.
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AMCOR PACKAGING
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DISTRIBUTION, et al.,
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Defendants.
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AND RELATED CROSS-ACTIONS )
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NO. 2:13-CV-01754-WBS-CKD
Hon. Carolyn K. Delaney
JOINT STIPULATION AND
[PROPOSED] ORDER RE
EXTENSION OF THE EXPERT
DISCOVERY CUTOFF IN THE
SCHEDULING ORDER
Complaint Filed: August 23, 2013
Trial Date: November 8, 2016

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STIPULATION RE EXPERT DISCOVERY CUTOFF

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JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION

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OF THE EXPERT DISCOVERY CUTOFF IN THE SCHEDULING ORDER

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Plaintiff Starbucks Corporation, Defendants and Cross-Claimants Amcor

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Packaging Distribution and Amcor Packaging (USA), Inc., Defendant, Cross-

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Claimant and Third- Party Claimant Pallets Unlimited, LLC, and Third-Party

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Defendant Ozburn-Hessey Logistics, by and through their respective counsel of

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record, pursuant to L.R. 143 and 144, hereby stipulate as follows:

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WHEREAS, the Parties in the above-captioned matter have been diligently
proceeding with the completion of discovery;
WHEREAS, the Parties competed the exchange of all expert witness

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disclosures and reports (including materials intended solely for rebuttal) by the April

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12, 2016 deadline for the completion of expert disclosures set by the Court’s current

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scheduling order (the “Order”), most recently modified on March 7, 2016;

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WHEREAS, the Order set a May 20, 2016 date for the completion of all expert
discovery;
WHEREAS, the Parties have disclosed a greater number of expert witnesses

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than any of the Parties had anticipated, including several expert witnesses located

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outside of California, making it difficult to coordinate travel for and complete the

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depositions of the Parties’ disclosed experts by May 20, 2016;

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WHEREAS, to accommodate the Parties’ and their expert witnesses’

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schedules, the Parties agree that an extension of the expert discovery cutoff date will

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further the just, speedy, and inexpensive resolution of this action;

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AND WHEREAS, the extension contemplated by the Parties will not require

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further extension of any of the existing deadlines set forth in the Order, including the

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July 1, 2016 cutoff date for filing dispositive motions, the September 2, 2016 pretrial

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conference and the November 8, 2016 jury trial.

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NOW THEREFORE, IT IS HEREBY STIPULATED by and between the
Parties, and subject to the Court’s approval, that good cause has been shown under
STIPULATION RE EXPERT DISCOVERY CUTOFF

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Rule 16(b) of the Federal Rules of Civil Procedure, to extend the deadline for the

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completion of expert discovery to June 27, 2016 and the deadline for discovery

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motions addressed to expert discovery to August 16, 2016. The deadline for

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dispositive motions shall remain July 1, 2016. All other dates in the Order shall

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remain unchanged.

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IT IS SO STIPULATED.

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DATED: April 19, 2016

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KIRKLAND AND ELLIS LLP
/s/ Michael Shipley
Michael Shipley
David Klein
Graham Cole

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Attorneys for Third Party Defendant
Ozburn-Hessey Logistics

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DATED: April 19, 2016

/s/ Joshua Kirsch
Joshua Kirsch

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Attorneys for Plaintiff
Starbucks Corporation

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GIBSON ROBB & LINDH LLP

DATED: April 19, 2016

BORTON PETRINI, LLP
/s/ Manish Parikh
Manish Parikh

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Attorneys for Defendant/CrossClaimant
Amcor Packaging Distribution
Amcor Packaging (USA) Inc.

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STIPULATION RE EXPERT DISCOVERY CUTOFF

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DATED: April 19, 2016

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JACKSON JENKINS RENSTROM
LLP
/s/ John M. Marston
John M. Marston

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Attorneys for Defendant/Cross
Claimant, and Third Party Claimant
Pallets Unlimited, LLC

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IT IS SO ORDERED.
Dated: April 26, 2016
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE EXPERT DISCOVERY CUTOFF