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

Filing 77

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 09/03/15 ORDERING that all non-expert discovery, including depositions for preservation of testimony, shall be so conducted as to be completed by 11/30/15. (Benson, A)

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Case 2:13-cv-01754-WBS-CKD Document 76 Filed 08/28/15

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1 MarkS. Newman, Esq., SBN 107012
Manish Parikh, Esq., SBN 244205
2 BORTON PETRINI, LLP
Post Office Box 277790
3 Sacramento, California 95827
3110 Gold Canal Drive, Suite A
4 Rancho Cordova, California 95670
Tel: [phone]
5 Fax: [phone]
Email: [e-mail]
[e-mail]
6
7 Attorneys for Defendants Amcor Packaging Distribution; Amcor
Packaging (USA), Inc.
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12 STARBUCKS CORPORATION, a corporation,

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

13

Hon. William B. Shubb

Plaintiff,

14 v.
15 AMCOR PACKAGING DISTRIBUTION, a
corporation; AMCORPACKAGING (USA), INC.,
16 a corporation; and PALLETS UNLIMITED, LLC, a
limited liability company,
17
Defendants.
18

STIPULATION AND [PROPOSED)
ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER
Complaint Filed: August 23, 2013

19 AND ALL RELATED CROSS-ACTIONS.
20
21

Plaintiff Starbucks Corporation ("Starbucks"), Defendants and Cross-Claimants Amcor

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

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

27 Defendants Amcor Packaging Distribution, Amcor Packaging (USA), Inc., and Pallets Unlimited, LLC;
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ULATIO N MODIFY DATES OF SCHEDUL ING ORDER
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Case 2:13-cv-01754-WBS-CKD Document 76 Filed 08/28/15 Page 2 of 6

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

1

2 the disclosure of experts, completion of expert and non-expert discovery, filing of all motions, except
3 motions for continuance, temporary restraining orders, and other emergency applications, and setting the
4 Final Pretrial Conference and trial dates;
5

WHEREAS, on July 22, 2014, Pallets Unlimited, LLC, filed a third-party complaint against

6 OHL;
7

WHEREAS, on January 16, 2015, the Court entered an order granting in part and denying in

8 part OHL's motion to dismiss Pallets Unlimited's first amended third-party complaint against OHL;
9

WHEREAS, on January 30, 2015, OHL filed its Answer to Pallets Unlimited's first amended

10 third-party complaint;
11

WHEREAS, on February 24, 2015, the parties stipulated to modify the Pre-Trial Order since

12 OHL had just appeared in the matter;
13

WHEREAS, on July 31, 2015, the parties stipulated to modify the Pre-Trial Order to extend

14 some of the discovery deadlines because a key witness in the matter was not available for deposition;
15

WHEREAS, the parties have conducted a number of key depositions in the matter, but there

16 are still quite a few depositions that need to be completed. Moreover, these depositions are conducted
17 not only in California but Nevada and Washington, which makes scheduling these depositions very
18 difficult to accommodate for all concerned parties.
19

WHEREAS, all parties agree that on the need to extend just the non-expert discovery

20 deadline to November 30, 2015, to provide all parties sufficient time to complete the depositions.
21

WHEREAS, for all of the foregoing reasons, the parties agree that the Scheduling Order

22 should be modified to provide all parties with sufficient time to fairly participate in discovery and file
23 pre-trial motions.
24

NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through

25 their respective counsel and subject to the Court's approval, that good cause has been shown and the
26 Scheduling Order shall be modified as follows, subject to further modification upon a showing of good
27 cause under Federal Rule of Civil Procedure 16(b).
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STIPULATION MODIFY DATES OF SCHEDULING ORDER

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1

Discovery: All non-expert discovery, including depositions for preservation of testimony,

2 shall be so conducted as to be completed by November 30, 2015.
3

SO STIPULATED

4
5 DATED: August 28,2015

KIRKLAND & ELLIS LLP

6
7

Is/ David A. Klein

8

David A. Klein
Attorneys for Third-Party Defendant
Ozburn-Hessey Logistics

9
10
11

DATED: August 28,2015

GIBSON ROBB & LINDH LLP

12
/s/ Joshua E. Kirsch
Joshua E. Kirsch
Attorneys for Plaintiff
Starbucks Corporation

13
14
15
16 DATED: August28, 2015

JACKSON JENKINS RENSTROM LLP

17
18

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

19
20
21
22 DATED: August 28, 2015

BORTON PETRINI, LLP

23
24
25
26

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

27
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Case 2:13-cv-01754-WBS-CKD Document 76 Filed 08/28/15

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1 IT IS SO ORDERED.
2
3 Dated: September 3, 2015

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STIPULATION MODIFY DATES OF SCHEDULING ORDER

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