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

Filing 87

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/10/15 ORDERING that any motions for summary judgment and adjudication shall be filed within sufficient time under the Local Rules of the Eastern District of California that said motions may be heard no later than 4/4/2016. (Kastilahn, A)

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: [phone]
5 Fax: [phone]
Email: [e-mail]
6
[e-mail]
7 Attorneys for Defendants Amcor Packaging Distribution; Amcor
Packaging (USA), Inc.
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9

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,
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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.
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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, the parties stipulated and the Court ordered that all motions, except motions for

27 continuances, temporary restraining orders, or other emergency applications, shall be filed on or before
28 December 23, 2015;

1
STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

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

1

WHEREAS, thereafter, the parties stipulated and the Court ordered that all motions, except

2 motions for continuances, temporary restraining orders, or other emergency applications, shall be heard
3 on or before April 4, 2016;
4

WHEREAS, it was the intent of the parties through their prior stipulations to move the latest

5 summary judgment and adjudication hearing date to April 4, 2016, with the parties to file motions in
6 time for such a hearing under the schedule provided under the Court’s Local Rules.
7

NOW THEREFORE, to resolve any potential ambiguity, IT IS HEREBY STIPULATED by

8 and between the parties, through their respective counsel and subject to the Court’s approval, that good
9 cause has been shown and the Scheduling Order shall be clarified as follows, subject to further
10 modification upon a showing of good cause under Federal Rule of Civil Procedure 16(b).
11

Motions:

Any motions for summary judgment and adjudication shall be filed within

12 sufficient time under the Local Rules of the Eastern District of California that said motions may be
13 heard no later than April 4, 2016.
14 / / /
15 / / /
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IT IS SO STIPULATED.

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DATED: December 10, 2015

KIRKLAND & ELLIS LLP

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

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21
22
23 DATED: December 10, 2015

GIBSON ROBB & LINDH LLP

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g:\docs\shu\ds
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starbucks - stip
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/s/ Joshua E. Kirsch
Joshua E. Kirsch
Attorneys for Plaintiff
Starbucks Corporation

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STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

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

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DATED: December 10, 2015

JACKSON JENKINS RENSTROM LLP

2
/s/ John M. Marston
John M. Marston
Attorneys for Defendant, CrossClaimant, and Third-Party Plaintiff
Pallets Unlimited, LLC

3
4
5
6 DATED: December 10, 2015

BORTON PETRINI, LLP

7
8

/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: December 10, 2015

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STIPULATION TO MODIFY DATES OF SCHEDULING ORDER

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