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

Filing 85

STIPULATION and ORDER TO MODIFY DATES OF THE SCHEDULING ORDER signed by Senior Judge William B. Shubb on 11/10/15. The parties shall disclose experts and produce reports by no later than 2/1/16; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before 2/29/2016; all expert discovery shall be so conducted as to be completed by 4/1/16.(Mena-Sanchez, L)

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1 Mark S. 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: (916) 858-1212 5 Fax: (916) 858-1252 Email: mnewman@bortonpetrini.com 6 mparikh@bortonpetrini.com 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; AMCOR PACKAGING (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; 28 1 STIPULATION MODIFY DATES OF SCHEDULING ORDER CASE NO. 2:13-CV-01754-GEB-CKD 1 WHEREAS, on January 29, 2014, the Court entered a Scheduling Order setting deadlines for 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, on November 5, 2015, the parties stipulated to modify the Pre-Trial Order to 16 extend some of the discovery deadlines; 17 WHEREAS, the current discovery deadline is November 30, 2015, and the parties have been 18 conducting written discovery and depositions to meet that deadline. The parties believe that substantial 19 discovery has been conducted close to the discovery deadline and they would need additional time to 20 review the same with their clients, carriers, and experts. 21 WHEREAS, all parties agree that their counsel, experts, clients, and carrier representatives 22 may have vacations planned for the month of December and, therefore, it would be prudent to extend 23 just the expert discovery to February 1, 2016, to provide all parties sufficient time to fairly participate in 24 discovery and file pre-trial motions. 25 NOW THEREFORE, IT IS HEREBY STIPULATED by and between the parties, through 26 their respective counsel and subject to the Court’s approval, that good cause has been shown and the 27 Scheduling Order shall be modified as follows, subject to further modification upon a showing of good 28 g:\docs\shu\ds hu2\inbox\sign ed\13cv1754 starbucks - stip to modify schedg 2 STIPULATION MODIFY DATES OF SCHEDULING ORDER CASE NO. 2:13-CV-01754-GEB-CKD 1 cause under Federal Rule of Civil Procedure 16(b). 2 Discovery: The parties shall disclose experts and produce reports in accordance with Federal 3 Rule of Civil Procedure 26(a)(2) by no later than February 1, 2016; with regard to expert testimony 4 intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with 5 Federal Rule of Civil Procedure 26(a)(2) on or before February 29, 2016; all expert discovery shall be so 6 conducted as to be completed by April 1, 2016. 7 SO STIPULATED 8 9 DATED: November 10, 2015 KIRKLAND & ELLIS LLP 10 /s/ David A. Klein David A. Klein Attorneys for Third-Party Defendant Ozburn-Hessey Logistics 11 12 13 14 DATED: November 10, 2015 GIBSON ROBB & LINDH LLP 15 16 /s/ Joshua E. Kirsch Joshua E. Kirsch Attorneys for Plaintiff Starbucks Corporation 17 18 19 20 DATED: November 10, 2015 JACKSON JENKINS RENSTROM LLP 21 /s/ John M. Marston John M. Marston Attorneys for Defendant, CrossClaimant, and Third-Party Plaintiff Pallets Unlimited, LLC 22 23 24 25 / / / / 26 / / / / 27 / / / / 28 g:\docs\shu\ds hu2\inbox\sign ed\13cv1754 starbucks - stip to modify schedg 3 STIPULATION MODIFY DATES OF SCHEDULING ORDER CASE NO. 2:13-CV-01754-GEB-CKD 1 DATED: November 10, 2015 BORTON PETRINI, LLP 2 /s/ Manish Parikh Manish Parikh Attorneys for Defendants and CrossClaimants Amcor Packaging Distribution and Amcor Packaging (USA), Inc. 3 4 5 6 7 8 IT IS SO ORDERED. Dated: November 10, 2015 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g:\docs\shu\ds hu2\inbox\sign ed\13cv1754 starbucks - stip to modify schedg 4 STIPULATION MODIFY DATES OF SCHEDULING ORDER CASE NO. 2:13-CV-01754-GEB-CKD

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