United States of America v. LaPant et al

Filing 101

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/24/2019 CONTINUING the Discovery completion date to 5/16/2019, the Dispositive Motion filing deadline to 7/19/2019, and the Joint Pretrial Statement deadline to 9/19/2019. (Huang, H)

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DOWNEY BRAND LLP
ROBERT P. SORAN
ASHLEY M. BOULTON
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone: [phone] / Facsimile: [phone]

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Attorneys for GOOSE POND AG, INC., and FARMLAND MANAGEMENT SERVICES

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CANNATA, O’TOOLE, FICKES & OLSON
THERESE Y. CANNATA
MARK P. FICKES
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Facsimile: [phone]

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DOWNEY BRAND LLP

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WITHERS BERGMAN LLP
KIMBERLY A. ALMAZAN
505 Sansome Street, 2nd Floor
San Francisco, California 94111
Telephone: [phone]/ Facsimile: [phone]
Attorneys for ROGER J. LAPANT, JR. dba J&J FARMS
ANDREW J. DOYLE
JOHN THOMAS H. DO
United States Department of Justice
Environmental and Natural Resources Division
P.O. Box 7611
Washington, D.C. 20044
Telephone: [phone]
Attorneys for the UNITED STATES OF AMERICA

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA,

Case No. 2:16-cv-01498-KJM-DB

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Plaintiff,
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FOURTH STIPULATION, MOTION, AND
ORDER TO AMEND SCHEDULE

v.
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ROGER LAPANT, JR., J&J FARMS,
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Defendants.
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On December 17, 2018 (ECF No. 99), Plaintiff United States of America and all of the

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defendants to this action (“Parties”)—the United States of America and Roger J. LaPant, Jr., dba

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J&J Farms (“Mr. LaPant”), Goose Pond Ag, Inc., and Farmland Management Services

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(collectively, “Goose Pond Defendants”)—presented the Court with a stipulation, motion, and
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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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proposed order to amend the schedule and impose a partial stay of discovery. The reason for that

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stipulation was a proposed consent decree between the United States and the Goose Pond

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Defendants. To date, the Court has not entered the December 17, 2018 stipulation, motion, and

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proposed order presented by the Parties as ECF No. 99.

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To date, the United States’ motion for entry of the proposed decree remains pending.

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Additionally, as of midnight on December 21, 2018, funding for the Department of Justice

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expired and appropriations to the Department lapsed, and remains lapsed to date.

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Given that the Court’s review of the proposed consent decree remains pending and the

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ongoing lapse in appropriations, the parties hereby stipulate, move, and propose that the Court

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amend its November 26, 2018 Order (ECF No. 98) as set forth herein.
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All remaining events should be rescheduled as follows:
Event

Current

Proposed

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All discovery completed

February 15, 2019

May 16, 2019

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Last day to hear dispositive
motions

April 5, 2019

July 19, 2019

Joint Pretrial Statement Due

June 20, 2019

September 19, 2019

Motions in Limine

To be set upon
resolution of
dispositive motions
or at further
scheduling
conference.

No change; to be set upon
resolution of dispositive
motions or at further
scheduling conference.

Final Pretrial Conference

Same as above

No change; same as above

Trial Brief

Same as above

No change; same as above

Jury Trial (Liability)

Same as above

No change; same as above

Bench Trial (Remedy)

Same as above

No change; same as above

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2.

No depositions may be taken between now and April 8, 2019, and all such notices

and/or subpoenas that have already been issued or are forthcoming, including but not limited to
notices and/or subpoenas for expert witnesses, shall be held in abeyance pending efforts to meet

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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

and confer (as discussed in the sentence that follows).1 The Parties shall, no later than March 14,

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2019, complete their meet and confer regarding depositions, including without limitation, the date

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and place for each event. Depositions may again be taken starting on April 9, 2019, and continue

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through and including May 16, 2019, and following the Parties’ meet-and-confer referenced

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above, the Parties are permitted to serve additional deposition notices and/or subpoenas in

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accordance with the agreed-upon dates and places. Notwithstanding any other provision in this

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stipulation, any and all objections by or on behalf of the Parties or deponents to the notices or

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subpoenas described herein are reserved, and any and all unresolved objections shall be served in

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writing on or before March 21, 2019. Additionally, notwithstanding any other provision of this

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stipulation, the deadline for any motion to quash or motion for a protective order, whether filed

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by a Party or a deponent to the notices or subpoenas described herein shall be tolled while those

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notices or subpoenas are held in abeyance (as stated in the second sentence of this paragraph).

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The time for such motions shall be based upon the date for compliance as determined through the

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Parties’ meet and confer described herein and at the availability of the Court.

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3.

From now until March 22, 2019, the Parties shall not: (a) propound or conduct any

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fact or expert discovery, written, oral, or otherwise, including but not limited to any depositions

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or any requests or subpoenas for documents, except as set forth in Paragraph 2 above and

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Paragraphs 4 through 6 below; or (b) conduct any law and motion practice, except for discovery

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motions as referenced in Paragraphs 4 through 6 below; motions to further amend the schedule;

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The foregoing sentence in the body of this stipulation refers to the following deponents about
which the United States and Mr. LaPant have initially conferred: Ken Lane, Matthew Kelley,
Terry Cheney, James Komar, Todd LaPant, and Roger J. LaPant, Jr. Mr. LaPant has issued
notices of deposition for Messrs. Kelley and Komar, and the United States intends to issue
notices of deposition or subpoenas to the remaining deponents. In addition, the foregoing
sentence in the body of this stipulation refers to the following retained experts for which Mr.
LaPant has issued notices of deposition or subpoenas: Gregory House, Peter Stokely, Scott
Stewart, Michael Josselyn, Randall Grip, Misha Schwarz, and Mark Hanna. Additionally, the
foregoing sentence in the body of this stipulation refers to the following retained experts for
which the United States may issue notices of deposition: Paul Wisniewski, Paul Squires, and
Damon Brown. In addition, the foregoing sentence in the body of this stipulation refers to any
additional deponents for which the Goose Pond Defendants may issue notices of deposition or
subpoenas, including but not limited to retained experts.
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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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and motions for leave as referenced in Paragraph 6 below.

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4.

This stipulation, motion, and proposed Order does not prohibit the following

discovery (and any related motion to compel or similar discovery motion) at any time:

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a.

Interrogatories solely between the United States and Mr. LaPant;

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b.

Requests for admission solely between the United States and Mr. LaPant;

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c.

Requests for documents solely between the United States and Mr. LaPant; and

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d.

Subpoena for documents and electronically stored information from third parties,
provided that the third party is not either affiliated with the Goose Pond
Defendants (i.e. current employee or affiliated business entity), is not a former
employee, retained expert, or confidential consultant, and the subpoena does not
otherwise seek documents that contain information in the possession or control of
the subpoenaed third party, which is asserted to be privileged or protected from
disclosure by the Goose Pond Defendants.2

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5.

This stipulation, motion, and proposed Order does not otherwise affect the written

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discovery propounded discovery propounded by Mr. LaPant to date, including Mr. LaPant’s

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Second Set of Interrogatories, Fourth Set of Request For Production of Documents, and First Set

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of Request For Admissions propounded on December 3, 2018 to the United States.

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6.

This stipulation, motion, and proposed Order does not prohibit the United States

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and Mr. LaPant from taking any action to address or resolve disputes regarding any outstanding

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discovery requests solely between themselves, including any pending discovery motions or

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matters currently the subject of discussion among the Parties.

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7.

The Parties reserve their right to seek leave of Court for any appropriate relief

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from or related to the restrictions on discovery set forth in this stipulation, motion, and proposed

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Order upon a showing of good cause. By the same token, the Parties reserve their right to oppose

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any request for relief.

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To facilitate implementation of this provision, the Parties further agree that any party wishing to
serve any additional deposition notices and/or subpoenas not served on opposing counsel prior to
November 15, 2018, shall first provide seven days advance written notice to all other parties,
prior to service of any such subpoena. No such subpoena may be served without leave of Court if
the Goose Pond Defendants notify the other parties in writing, within the seven day period, that
the proposed subpoena is directed to a party that is either affiliated with the Goose Pond
Defendants (i.e. current employee or affiliated business entity), or is a former employee, retained
expert, or confidential consultant, or the subpoena otherwise seeks documents that contain
information in the possession or control of the subpoenaed third party, which is asserted to be
privileged or protected from disclosure by the Goose Pond Defendants.
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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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STIPULATED AND RESPECTFULLY SUBMITTED,
DATED: January 18, 2019

DOWNEY BRAND LLP

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By: /s/ Robert P. Soran
ROBERT P. SORAN
Attorneys for GOOSE POND AG, INC., and
FARMLAND MANAGEMENT SERVICES

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DATED: January 18, 2019

CANNATA, O’TOOLE, FICKES & ALMAZAN LLP

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By: /s/ Mark P. Fickes
MARK P. FICKES
Attorneys for ROGER J. LAPANT, Jr., dba J&J
FARMS

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DOWNEY BRAND LLP

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DATED: January 18, 2019

UNITED STATES DEPARTMENT OF JUSTICE,
ENRD

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By: /s/ Andrew Doyle
ANDREW DOYLE
Attorneys for UNITED STATES OF AMERICA

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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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ORDER

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Upon due consideration, and good cause shown, the Court approves the following:

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Event

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All discovery completed

May 16, 2019

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Last day to hear dispositive motions

July 19, 2019

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Joint Pretrial Statement Due

September 19, 2019

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Motions in Limine

No change; to be set upon resolution of
dispositive motions or at further scheduling
conference.

Final Pretrial Conference

No change; same as above

Trial Brief

No change; same as above

Jury Trial (Liability)

No change; same as above

Bench Trial (Remedy)

No change; same as above

Approved New Date

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DATED: January 24, 2019.

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UNITED STATES DISTRICT JUDGE

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FOURTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE