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)
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.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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.
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STIPULATION AND [PROPOSED]
ORDER TO MODIFY DATES OF THE
SCHEDULING ORDER
Complaint Filed: August 23, 2013
19 AND ALL RELATED CROSS-ACTIONS.
20
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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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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;
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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;
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WHEREAS, on January 30, 2015, OHL filed its Answer to Pallets Unlimited’s first amended
10 third-party complaint;
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WHEREAS, on February 24, 2015, the parties stipulated to modify the Pre-Trial Order since
12 OHL had just appeared in the matter;
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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;
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WHEREAS, on November 5, 2015, the parties stipulated to modify the Pre-Trial Order to
16 extend some of the discovery deadlines;
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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.
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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.
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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
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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
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DATED: November 10, 2015
KIRKLAND & ELLIS LLP
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/s/ David A. Klein
David A. Klein
Attorneys for Third-Party Defendant
Ozburn-Hessey Logistics
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14 DATED: November 10, 2015
GIBSON ROBB & LINDH LLP
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/s/ Joshua E. Kirsch
Joshua E. Kirsch
Attorneys for Plaintiff
Starbucks Corporation
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DATED: November 10, 2015
JACKSON JENKINS RENSTROM LLP
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/s/ John M. Marston
John M. Marston
Attorneys for Defendant, CrossClaimant, and Third-Party Plaintiff
Pallets Unlimited, LLC
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25 / / / /
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27 / / / /
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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.
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IT IS SO ORDERED.
Dated: November 10, 2015
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STIPULATION MODIFY DATES OF SCHEDULING ORDER
CASE NO. 2:13-CV-01754-GEB-CKD
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