United States of America v. LaPant et al

Filing 98

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 11/26/2018 CONTINUING Discovery completion date to 2/15/2019 and Dispositive Motions deadline to 4/5/2019. (Zignago, K.)

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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]
Attorneys for GOOSE POND AG, INC., and FARMLAND MANAGEMENT SERVICES
CANNATA, O’TOOLE, FICKES & OLSON
THERESE Y. CANNATA
MARK P. FICKES
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone] / Facsimile: 415.409.8904
WITHERS BERGMAN LLP
KIMBERLY A. ALMAZAN
505 Sansome Street, 2nd Floor
San Francisco, California 94111
Telephone: [phone]/ Facsimile: 415.549 2480
Attorneys for ROGER J. LAPANT, JR. dba J&J FARMS
JONATHAN D. BRIGHTBILL
Deputy Assistant Attorney General
ANDREW J. DOYLE
United States Department of Justice
Environmental and Natural Resources Division
McGREGOR W. SCOTT
United States Attorney
GREGORY T. BRODERICK
Assistant United States Attorney
501 I Street, Suite 10-100
Sacramento, CA 95814
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,
Plaintiff,
v.
ROGER J. LAPANT, JR., J&J FARMS,
GOOSE POND AG, INC. and
FARMLAND MANAGEMENT
SERVICES,

Case No. 2:16-cv-01498-KJM-DB
SECOND STIPULATION, MOTION, AND
PROPOSED ORDER TO AMEND
SCHEDULE

Defendants.
Second Stip. / Motion to Amend Schedule

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

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On September 4, 2018 (ECF No. 84), the Court approved a stipulation presented by

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Plaintiff United States of America and all of the defendants to this action (“Parties”)—the United

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States of America and Roger J. LaPant, Jr., dba J&J Farms (“Mr. LaPant”), Goose Pond Ag, Inc.,

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and Farmland Management Services (collectively, “Goose Pond Defendants”)—to amend the

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schedule and impose a partial stay of discovery. The reason for that stipulation was a proposed

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consent decree between the United States and the Goose Pond Defendants. To date, the United

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States’ motion for entry of the proposed decree remains pending, and the Court recently vacated

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the November 16, 2018 hearing date (ECF No. 96).

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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 September 4, 2018 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

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All discovery completed

December 21, 2018

February 15, 2019

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Last day to hear dispositive
motions

Feb. 22, 2019

April 5, 2019

Joint Pretrial Statement Due

May 23, 2019

June 20, 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

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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

Bench Trial (Remedy)

Same as above

No change; same as above

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Second Stip. / Motion to Amend Schedule

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

The Parties have met and conferred about an “Equipment Inspection,”1 and they

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agree that it may occur on November 27, 2018, starting at 10 a.m. at the location arranged by Mr.

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LaPant. No depositions may be taken between now and January 7, 2019, and all such notices

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and/or subpoenas that have already been issued or are forthcoming, including but not limited to

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notices and/or subpoenas for expert witnesses, shall be held in abeyance pending efforts to meet

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and confer (as discussed in the sentence that follows).2 The Parties shall, no later than December

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14, 2018, complete their meet and confer regarding depositions, including without limitation, the

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date and place for each event. Depositions may again be taken starting on January 8, 2019, and

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continue through and including February 15, 2019, and following the Parties’ meet-and-confer

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

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in 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 December 21, 2018. 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 by a

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

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

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such motions shall be based upon the date for compliance as determined through the Parties’ meet

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and confer described herein and at the availability of the Court.

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1

The term “Equipment Inspection” refers to the United States’ “First Request to LaPant to
Produce Tangible Things” propounded on July 20, 2018.
2
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.
Second Stip. / Motion to Amend Schedule

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

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3.

From now until the Court enters any consent decree between the United States

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and the Goose Pond Defendants, the Parties shall not: (a) propound or conduct any fact or expert

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

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or subpoenas for documents, except as set forth in Paragraph 2 above and Paragraphs 4 through 6

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below; and (b) conduct any law and motion practice, except for discovery motions as referenced

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in Paragraphs 4 and 5 below; motions to further amend the schedule; and motions for leave as

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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.3

5.

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

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motions or matters currently the subject of discussion among the Parties.

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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.

Second Stip. / Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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6.

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

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oppose any request for relief.

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STIPULATED AND RESPECTFULLY SUBMITTED,
DATED: Nov. 16, 2018

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DOWNEY BRAND LLP

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By: /s/ Robert P. Soran (authorized 11/16/2018
ROBERT P. SORAN
Attorneys for GOOSE POND AG, INC., and
FARMLAND MANAGEMENT SERVICES

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CANNATA, O’TOOLE, FICKES & ALMAZAN LLP

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By: /s/ Therese Y. Cannata (authorized 11/16/2018)
THERESE Y. CANNATA
Attorneys for ROGER J. LAPANT, Jr., dba J&J FARMS

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JONATHAN D. BRIGHTBILL
Deputy Assistant Attorney General
By: /s/ Andrew J. Doyle
ANDREW J. DOYLE
Attorney
United States Department of Justice
Environment & Natural Resources Division
Attorneys for UNITED STATES OF AMERICA

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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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December 21, 2018

February 15, 2019

Last day to hear dispositive
motions

Feb. 22, 2019

April 5, 2019

Joint Pretrial Statement Due

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All discovery completed

May 23, 2019 Pretrial To be set upon resolution of
dispositive motions or at
Statement due date
vacated, to be set upon further scheduling conference.
resolution of
dispositive motions or

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Second Stip. / Motion to Amend Schedule

No. 2:16-cv-01498-KJM-DB
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at further scheduling
conference.

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Motions in Limine

Same as above

No change; same as above

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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

Bench Trial (Remedy)

Same as above

No change; same as above

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In all other respects, the Court’s prior Status and Scheduling Orders remain in effect.

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DATED: November 26, 2018.

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UNITED STATES DISTRICT JUDGE

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Second Stip. / Motion to Amend Schedule

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