The National Grange of the Order of Patrons of Husbandry v. California State Grange

Filing 40

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 4/20/15 re: 39 ORDERING 20 Status (Pretrial Conference) Scheduling Order's status modified to permit depositions of Defendant and its principal, Robert McFarland. (Meuleman, A)

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MICHAEL TURRILL (SBN 185263)
ARENT FOX LLP
555 West Fifth Street, 48th Floor
Los Angeles, CA 90013-1065
Telephone:
213.629.7400
Facsimile:
213.629.7401
Email: [e-mail]
RANDALL BRATER (SBN 211140)
(admitted to practice in California)
ARENT FOX LLP
1717 K Street, NW
Washington, DC 20006-5344
Telephone:
202.857.6000
Facsimile:
202.857.6395
Email: [e-mail]

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[Additional Counsel Listed on Signature Page]
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Attorneys for Plaintiff and Counter-Defendant
THE NATIONAL GRANGE OF THE ORDER OF
PATRONS OF HUSBANDRY

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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THE NATIONAL GRANGE OF THE ORDER
OF PATRONS OF HUSBANDRY, a District
of Columbia nonprofit corporation,

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Plaintiff,

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v.

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No. 2:14-cv-00676-WBS-DAD
STIPULATION AND ORDER TO
MODIFY STATUS (PRETRIAL
SCHEDULING) ORDER TO PERMIT
DEPOSITIONS OF DEFENDANT AND
ITS PRINCIPAL, ROBERT
MCFARLAND

CALIFORNIA STATE GRANGE, a California
corporation,

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Defendant.
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AND RELATED COUNTER-CLAIM.

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A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

JOINT STIPULATION/[PROPOSED] ORDER
2:14-CV-00676-WBS-DAD

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Plaintiff and Defendant hereby stipulate to modify the Court’s Status (Pretrial Scheduling)

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Order to permit Plaintiff to take two depositions, one of Defendant California State Grange, and

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the other of its president, Robert McFarland, between May 13-15, 2015. The grounds and

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authorities in support of this motion are as follows:

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1.

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On July 3, 2014, the Court issued its Status (Pretrial Scheduling) Order, Doc. 20,
which provides that discovery shall be completed by April 24, 2015.

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On September 23, 2014, Plaintiff noticed the depositions of Defendant and its

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principal, Robert McFarland, to take place on January 8-9, 2015 (after Defendant

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had the opportunity to respond to Plaintiff’s Requests for Production of

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Documents, Interrogatories, and Requests for Admission).
3.

By agreement between Plaintiff’s undersigned counsel and Defendant’s then-

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counsel, Maralee Eriksen of Boutin Jones, the two depositions were reset for

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February 23-24, 2015.

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4.

Subsequently, however, Defendant substituted its counsel, necessitating a

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postponement of the depositions. In January 2015, Defendant initially substituted

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Michael Chase of Boutin Jones for Maralee Eriksen of that same firm. Doc. 31.

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Then Defendant substituted counsel once again, replacing the firm of Boutin Jones

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with its current counsel, Anthony Ellrod of Manning & Kass Ellrod, Ramirez,

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Trester, LLP. The substitution notice was filed on March 10, 2015, after

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Defendant's principal, Robert McFarland, signed the substitution of counsel. Doc.

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35.

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6.

As soon as the second substitution of defense counsel was effected, counsel for

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Plaintiff consistently persisted with their efforts to schedule the depositions within

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the current discovery deadline, but the deponent and defense counsel were not

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available until after the close of discovery. Despite both parties' best efforts and

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due to multiple scheduling conflicts, the closest available dates Defendant and

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both parties' counsel are available for depositions are May 14-15, 2015.

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Moreover, defense counsel anticipates filing a Motion to Consolidate and Extend

A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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JOINT STIPULATION/[PROPOSED] ORDER
2:14-CV-00676-WBS-DAD

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Deadlines due to its recent association as counsel and the related matter of

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California State Grange v. The Grange of the State of California's Order of Patrons

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of Husbandry, Chartered (2:15-cv-00317-WBS-DAD) also pending before this

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Court. Plaintiff’s counsel does not intend to consent to or acquiesce in that

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contemplated defense motion, or to any extension of the discovery deadline

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beyond the scheduling of the two depositions.

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The dates of May 14-15, 2015 for the two depositions are acceptable and agreeable
to both parties and their respective counsel, subject to the Court’s approval.

WHEREFORE, Plaintiff and Defendant, by counsel, hereby stipulate and respectfully

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request that the Status (Pretrial Scheduling) Order be modified only so far as to permit Plaintiff to

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take the depositions of Defendant California State Grange and Robert McFarland, between

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May 14-15, 2015.

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A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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JOINT STIPULATION/[PROPOSED] ORDER
2:14-CV-00676-WBS-DAD

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Dated: April 17, 2015

MANNING & KASS ELLROD, RAMIREZ,
TRESTER, LLP

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By:/s/ Anthony Ellrod
ANTHONY ELLROD

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Attorneys for Defendant and Counter-Claimant
CALIFORNIA STATE GRANGE

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Dated: April 17, 2015

ARENT FOX LLP

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By:/s/ Michael L. Turrill
MICHAEL TURRILL
RANDALL BRATER
JAMES L. BIKOFF
(Admitted Pro Hac Vice)
DAVID K. HEASLEY
(Admitted Pro Hac Vice)
SMITH, GAMBRELL & RUSSELL LLP
1055 Thomas Jefferson Street NW
Washington, DC 20007
T: 202.263.4300; F: 202.263.4329
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff and Counter-Defendant
THE NATIONAL GRANGE OF THE ORDER
OF PATRONS OF HUSBANDRY

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A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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JOINT STIPULATION/[PROPOSED] ORDER
2:14-CV-00676-WBS-DAD

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ORDER
Pursuant to the parties’ stipulation, IT IS SO ORDERED.
Dated: April 20, 2015

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Ddad1\orders.civil
grange0676.stip.eot.ord.doc

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A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

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JOINT STIPULATION/[PROPOSED] ORDER
2:14-CV-00676-WBS-DAD