Apple Hill Growers v. El Dorado Orchards, Inc. et al
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/14/22 CONTINUING the hearings to 49 Motion to Compel and 50 Motion to Quash to 5/11/2022 at 10:00 AM (via Zoom) before Magistrate Judge Carolyn K. Delaney. (Kastilahn, A)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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APPLE HILL GROWERS,
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Plaintiff/CounterDefendant,
v.
EL DORADO ORCHARDS, INC., et al.,
No. 2:17–cv–02085–TLN–CKD
ORDER CONTINUING HEARINGS
(ECF Nos. 49, 50)
Defendants/CounterClaimants.
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Upon reviewing the documents filed regarding plaintiff’s Motion to Compel (ECF No. 49)
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and defendants’ Motion to Quash (ECF No. 50), see ECF Nos. 51 & 52, the court finds it
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necessary to CONTINUE the 4/27/2022 hearing on these motions to 5/11/2022 and issues the
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following ORDERS:
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1. Based on defendants’ representation that they had insufficient time to contribute to the
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Joint Statement regarding plaintiff’s Motion to Compel and that counsel have not met and
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conferred on all aspects of this motion (ECF No. 51 at 6, 22), the court CONTINUES the
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4/27/2022 hearing on plaintiff’s Motion to Compel (ECF No. 49) to 5/11/2022 at
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10:00AM (via Zoom).
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2. The parties shall meet and confer on all aspects of plaintiff’s Motion to Compel and if
unable to independently resolve the dispute, SHALL file an Amended Joint Statement by
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5/2/2022.
a. Plaintiff’s counsel shall provide defense counsel with her portion of the Amended
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Joint Statement by 5:00 PM on 4/27/2022, and defense counsel shall return their
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completed portion of the Amended Joint Statement by 5:00 PM on 4/29/2022 so
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that plaintiff’s counsel may make final revisions and file by 5/2/2022.
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b. Any Amended Joint Statement shall also include, preferably as attached exhibits,
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(A) copies of all written discovery requests and responses at issue and (B) the
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documents defendants reference as Exhibits A-C in the current Joint Statement.
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3. In order to aid the parties’ further negotiations, the court offers the following
observations:
a. Given defendants’ expressed willingness, it would be beneficial for defendants
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Mason and Brad Visman to further amend their Interrogatory Verifications to
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conform to plaintiff’s desired wording;
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b. Defendants Mason and Brad Visman should endeavor to produce before 4/22/2022
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any and all documents responsive to the subject RFPs that do not require a
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protective order; and
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c. The court strongly encourages the parties to enter a Stipulated Protective Order to
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ease production of sensitive materials in this case. The court is unaware of any
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legal impediment to the entry of a two-tiered Stipulated Protective Order allowing
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certain documents to be designated for “Attorneys’ Eyes Only.”
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4. Defendants failed to file a Joint Statement regarding their Motion to Quash (ECF No. 50)
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by the 4/13/2022 deadline. See L.R. 251(a) (making joint statement due 14 days before
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scheduled hearing date). Normally, this would be grounds to deny the motion without
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prejudice to renewal. Because the Motion to Quash relates to defendants’ present
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withholding of certain financial information requested in plaintiff’s Motion to Compel,
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however, the court will hear the matter in conjunction with the Motion to Compel.
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5. Accordingly, the 4/27/2022 hearing on defendants’ Motion to Quash (ECF No. 50) is
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hereby CONTINUED to 5/11/2022 at 10:00AM (via Zoom).
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6. If the parties are unable to independently resolve the dispute underlying the Motion to
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Quash, the parties shall include their arguments regarding the Motion to Quash as part of
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the above-described Amended Joint Statement to be filed by 5/2/2022.
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a. Specifically, if defendants Mason and Brad Visman’s responses or production in
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response to the RFPs at issue in plaintiff’s Motion to Compel should moot the
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need to subpoena the documents at issue in the Motion to Quash, the parties shall
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so state.
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7.
Finally, given the need to continue the hearing on these motions, the parties will also need
to request modification of at least the current 5/2/2022 Fact Discovery deadline (see ECF
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No. 34). A stipulated proposed order to extend only discovery deadlines may be
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submitted to the undersigned. A request to modify both discovery and dispositive motions
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deadlines set in the Scheduling Order (ECF No. 29) must be directed to the assigned
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District Judge.
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Dated: April 14, 2022
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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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19, appl.2085
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