United States of America v. LaPant et al

Filing 103

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/17/19 CONTINUING the Discovery Completion date to 8/14/19, the Last Day to Hear Dispositive Motions to 10/18/19 and the Joint Pretrial Statement date to 12/18/19. (Becknal, R)

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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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FIFTH 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 January 25, 2019 (ECF No. 101), the Court approved a stipulation, motion, and

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proposed order presented by Plaintiff United States of America and all of the defendants to this

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action (“Parties”)—the United States of America and Roger J. LaPant, Jr., dba J&J Farms (“Mr.

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LaPant”), Goose Pond Ag, Inc., and Farmland Management Services (collectively, “Goose Pond
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FIFTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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Defendants”)—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, as well as the expiration of funding for the Department of Justice and a lapse in

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appropriations to the Department. To date, the United States’ motion for entry of the proposed

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decree remains pending.

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

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Parties hereby stipulate, move, and propose that the Court amend its January 25, 2019 Order as

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set forth herein.

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1.

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All remaining events should be rescheduled as follows:
Event

Current

Proposed

All discovery completed

May 16, 2019

August 14, 2019

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DOWNEY BRAND LLP

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Last day to hear dispositive
motions

July 19, 2019

October 17, 2019

Joint Pretrial Statement Due

September 19, 2019

December 18, 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.

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Final Pretrial Conference

Same as above

No change; same as above

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Trial Brief

Same as above

No change; same as above

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Jury Trial (Liability)

Same as above

No change; same as above

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Bench Trial (Remedy)

Same as above

No change; same as above

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2.

No depositions may be taken between now and July 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
and confer (as discussed in the sentence that follows).1 The Parties shall, no later than June 12,

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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
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FIFTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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 July 9, 2019, and continue

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through and including August 14, 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 June 19, 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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DOWNEY BRAND LLP

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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 June 20, 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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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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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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FIFTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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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

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.

DOWNEY BRAND LLP

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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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STIPULATED AND RESPECTFULLY SUBMITTED,

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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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FIFTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE

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DATED: March 7, 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: March 7, 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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DATED: March 7, 2019
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UNITED STATES DEPARTMENT OF JUSTICE,
ENRD

DOWNEY BRAND LLP

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

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FIFTH 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

Current

Proposed

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All discovery completed

May 16, 2019

August 14, 2019

Last day to hear dispositive
motions
Joint Pretrial Statement Due

July 19, 2019

October 18, 2019

September 19, 2019

December 18, 2019
No change; to be set upon
resolution of dispositive
motions or at further
scheduling conference.

Final Pretrial Conference

To be set upon
resolution of
dispositive motions
or at further
scheduling
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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Motions in Limine

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DOWNEY BRAND LLP

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DATED: April 17, 2019.

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UNITED STATES DISTRICT JUDGE

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FIFTH STIPULATION, MOTION, AND ORDER TO AMEND SCHEDULE