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

Filing 60

STIPULATION and ORDER 59 modifying 23 Scheduling Order signed by Senior Judge William B. Shubb on 2/4/2015. Parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than 9/1/2015. With regard to Expert Testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before 10/12/2015. All Non-Expert Discovery, including depositions f or preservation of testimony, shall be so conducted as to be completed by 8/3/2015. All Expert Discovery shall be so conducted as to be completed by 11/2/2015. All Motions, except Motions for continuance, Temporary Restraining Orders, or other emergency Applications, shall be filed on or before 12/23/2015. Final Pretrial Conference is CONTINUED to 3/14/2016 at 2:00 PM and Jury Trial is RE-SCHEDULED for 5/10/2016 at 9:00 AM in Courtroom 5 (WBS). (Marciel, M)

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MICHAEL J. SHIPLEY (SBN 233674)
[e-mail]
DARIN T. BEFFA (SBN 248768)
[e-mail]
DAVID A. KLEIN (SBN 273925)
[e-mail]
KIRKLAND & ELLIS LLP
333 South Hope Street
Los Angeles, California 90071
Telephone: [phone]
Facsimile: [phone]
Attorneys for Third-Party 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, a
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 )

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

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 1

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 Plaintiff Pallets Unlimited, LLC, and Third-Party Defendant

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

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respective counsel of record, stipulate as follows.

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WHEREAS, on August 23, 2013, Plaintiff Starbucks Corporation filed its

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complaint against Defendants Amcor Packaging Distribution, Amcor Packaging

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(USA), Inc., and Pallets Unlimited, LLC;

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WHEREAS, on January 29, 2014, the Court entered a Scheduling Order setting

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deadlines for the disclosure of experts, completion of expert and non-expert discovery,

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filing of all motions, except motions for continuances, temporary restraining orders,

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and other emergency applications, and setting the Final Pretrial Conference and trial

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dates;

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WHEREAS, at the time the Scheduling Order was entered, OHL was not a
party to this action;
WHEREAS, on July 22, 2014, Pallets Unlimited, LLC filed a third-party
complaint against OHL;
WHEREAS, on November 5, 2014, the Court entered an order dismissing
Pallets Unlimited’s third-party complaint against OHL with leave to amend;
WHEREAS, on January 16, 2015, the Court entered an order granting in part

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and denying in part OHL’s motion to dismiss Pallets Unlimited’s first amended third-

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party complaint against OHL;

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WHEREAS, on January 30, 2015, OHL filed its Answer to Pallets Unlimited’s
first amended third-party complaint;
WHEREAS, the parties other than OHL have been in this case for more than a
year, with discovery ongoing; and

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 2

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WHEREAS, for the foregoing reasons, the parties agree that the Scheduling

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Order should be modified to provide OHL with sufficient time to fairly participate in

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discovery and file pre-trial motions.

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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 good

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cause has been shown and the Scheduling Order shall be modified as follows, subject

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to further modification upon a showing of good cause under Federal Rule of Civil

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Procedure 16(b).

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

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with Federal Rule of Civil Procedure 26(a)(2) by no later than September 1, 2015;

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with regard to expert testimony intended solely for rebuttal, those experts shall be

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disclosed and reports produced in accordance with Federal Rule of Civil Procedure

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26(a)(2) on or before October 12, 2015; all non-expert discovery, including

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depositions for preservation of testimony, shall be so conducted as to be completed by

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August 3, 2015; all expert discovery shall be so conducted as to be completed by

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November 2, 2015.

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Motion Hearing Schedule: All motions, except motions for continuances,

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temporary restraining orders, or other emergency applications, shall be filed on or

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before December 23, 2015.

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Final Pretrial Conference: The Final Pretrial Conference shall be set for March
14, 2016 at 2:00 p.m.

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Trial Setting: The trial shall be set for May 10, 2016 at 9:00 a.m.

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SO STIPULATED

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DATED: February 20, 2015

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

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KIRKLAND & ELLIS LLP

DATED: February 20, 2015

GIBSON ROBB & LINDH LLP

STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 3

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/s/ Joshua E. Kirsch (as authorized on
February 20, 2015)

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Joshua E. Kirsch
Attorneys for Plaintiff
Starbucks Corporation

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DATED: February , 2015

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

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DATED: February , 2015

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

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JACKSON JENKINS RENSTROM LLP

IT IS SO ORDERED.

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Dated: February 24, 2015

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 4

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Statement pursuant to Local Rule 131(e):

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Plaintiff’s counsel, Joshua E. Kirsch, authorized submission of the foregoing
document on his behalf on February 20, 2015

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DATED: February 20, 2015

/s/ Michael J. Shipley_____________

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 5

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CERTIFICATE OF SERVICE
I hereby certify that on February 20, 2015, I electronically filed the foregoing

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document with the Clerk of the Court by using the CM/ECF system, which will

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automatically send an e-mail notification of such filing to the attorneys of record who

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are registered CM/ECF users.

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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on February 20, 2015, at Los Angeles, California.

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KIRKLAND & ELLIS LLP
By:
/s/ Michael J. Shipley
Michael J. Shipley
Attorneys for Cross-Defendant
OZBURN-HESSEY LOGISTICS

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STIPULATION AND [PROPOSED] ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER – 6