V.V.V. & Sons Edible Oils Limited v. Meenakshi Overseas LLC

Filing 79

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 10/23/2020 GRANTING 78 Stipulation and Proposed Order, VACATING the 70 Pretrial Scheduling Order. (Coll, A)

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1 2 3 4 Jack Rannells, Esq., Pro Hac Vice Baker and Rannells, P.A. 92 East Main St, Ste 302 Somerville, NJ 08876 Tel: (908) 722-5640 Fax: (908) 725-7088 Email: jld@br-tmlaw.com Kenneth C Brooks (SBN 167,792) Law Offices of Kenneth Brooks 16 Corning Avenue 136 Milpitas, CA 95035 Tel: (916) 223-9773 Fax: (877) 730-4315 Email: kcb@brookspatents.com Attorney for Defendant, MEENAKSHI OVERSEAS, LLC. Attorney for Plaintiff, V.V.V. & SONS EDIBLE OILS, LTD. 5 6 7 8 9 10 Robert M. Wilson, (State Bar No. 122731) Law Office of Robert M. Wilson 770 L Street, Suite 950 Sacramento, CA 95814 Tel: (916) 441-0888 Email: RWilson@BusinessCounsel.net 11 12 Attorney for Defendant, MEENAKSHI OVERSEAS, LLC. 13 14 15 16 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (SACRAMENTO) V.V.V. & SONS EDIBLE OILS, LTD., 17 Plaintiff, 18 vs. 19 20 21 MEENAKSHI OVERSEAS, LLC., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) CASE 2:14-CV-02961-TLN-CKD [Magistrate Judge: Carolyn K. Delaney] [District Judge: Troy L. Nunley] JOINT STIPULATION TO VACATE PRETRIAL SCHEDULE ORDER PENDING OUTCOME OF DISPOSITIVE MOTION AND ORDER 22 23 After entry of the Court’s Pretrial Scheduling Oder of July 7, 2020 (ECF 70), Plaintiff 24 filed an Amended Complaint (ECF 71). Defendant has filed a dispositive motion seeking, inter 25 26 27 alia, dismissal of the Amended Complaint (ECF 73). Plaintiff filed a timely opposition (ECF 75), and the motion is now fully briefed. See Reply (ECF 76). The court took that matter under 28 1 JOINT STIPULATION TO VACATE PRETRIAL SCHEDULE ORDER PENDING OUTCOME OF DISPOSITIVE MOTION AND ORDER 1 submission without further briefing. See Minute Order (ECF 77). As a result, Counsel for the 2 parties have jointly agreed to stipulate to vacating the Courts Pretrial Scheduling Order for good 3 cause to afford the Court time to decide the motion without the parties incurring potentially 4 unnecessary costs, should the Court grant the motion, while ensuring that Plaintiff is not unduly 5 6 7 prejudiced by having a shortened period within which to complete discovery. It is requested that this Court order another Pretrial Schedule should Defendant's motion not be granted. 8 9 Upon e-filing the joint request and proposed order, the proposed order has been emailed in accordance with Local Rule 137(b), for review and approval to tlnorders@caed.uscourts.gov. 10 11 Respectfully requested by the undersigned, on behalf of the parties jointly, 12 13 DATED: October 23, 2020 14 By: /s/ Kenneth C. Brooks Kenneth C. Brooks, Esq. Attorney for Plaintiff By: /s/ Robert M. Wilson Robert M. Wilson, Esq. Attorney for Defendant 15 16 DATED: October 23, 2020 17 18 19 20 //// 21 //// 22 //// 23 24 //// 25 //// 26 //// 27 28 2 JOINT STIPULATION TO VACATE PRETRIAL SCHEDULE ORDER PENDING OUTCOME OF DISPOSITIVE MOTION AND ORDER 1 ORDER 2 Good cause for vacating the pretrial order exists due to the dispositive nature of the 3 motion, pending a ruling on the motion, the need for the parties to avoid unnecessary cost of 4 litigation without knowing the scope and nature of the issues, if any, subject to litigation, the 5 6 joint request by the parties and stipulation thereto to vacate the Pretrial Scheduling Order of July 7 7, 2020 (ECF 70) is hereby GRANTED. 8 IT IS SO ORDERED. 9 Dated: October 23, 2020 10 11 Troy L. Nunley United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 JOINT STIPULATION TO VACATE PRETRIAL SCHEDULE ORDER PENDING OUTCOME OF DISPOSITIVE MOTION AND ORDER

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