Apple Hill Growers v. El Dorado Orchards, Inc. et al

Filing 94

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/7/22 APPROVING 93 Stipulation to Withdraw Motions for Sanctions. This resolves Plaintiff's 89 motion for sanctions.(Kastilahn, A)

1
2
3
4
5
6
7
8
9
10
11

Paul W. Reidl (SBN 155221)
Christopher J. Passarelli (SBN 241147)
Brett J. Leininger (SBN 329579)
DICKENSON, PEATMAN & FOGARTY
1500 First Street, Suite 200
Napa, California 94559
Telephone: [phone]
Facsimile: (707) 340- 7239
[e-mail]
[e-mail]
Attorneys for Defendants/Counter-Plaintiffs
EL DORADO ORCHARDS INC., et al.
R. Michael West (SBN 84336)
[e-mail]
Law Offices of R. Michael West
1922 21ST Street
Sacramento, CA 95811
Telephone: [phone]

14

Catherine Ashley Straight (SBN 119339)
[e-mail]
Law Offices of Catherine Ashley Straight
1922 21st Street
Sacramento, CA 95811
Telephone: [phone]

15

Attorneys for Plaintiff/Counter-Defendant
APPLE HILL GROWERS

12
13

16
17

UNITED STATES DISTRICT COURT

18

EASTERN DISTRICT OF CALIFORNIA

19
20

APPLE HILL GROWERS,

21
22

Plaintiff,
vs.

23

EL DORADO ORCHARDS, INC., et al.

24

Defendants.

CASE NO. 2:17-cv-02085-TLN-CKD
ORDER APPROVING STIPULATION
TO WITHDRAW MOTIONS FOR
SANCTIONS

25
26

Plaintiff Apple Hill Growers (“Plaintiff”) and Defendants Brad Visman, Mason Visman,

27

Kandi Visman, and El Dorado Orchards, Inc., (“Defendants”) (Plaintiff and Defendants

28

collectively “the Parties”) hereby agree and to stipulate to withdraw their motions for sanctions.
STIP WITHDRAWING MOTIONS
FOR SANCTIONS

1

Case No. 2:17-cv-02085-TLN-CKD

1

Defendants filed a Motion to Reopen Discovery, to Compel Depositions, and for

2

Sanctions on July 20, 2022. [ECF No. 78.] Plaintiff filed a Motion for Sanctions on August 16,

3

2022. [ECF No. 89.] In its Order of August 19, 2022, [ECF No. 92] the Court granted

4

Defendants’ motion to compel the attendance of certain witnesses at depositions and permitted

5

Defendants to pursue their attorneys’ fees in bringing the motion, pursuant to Rule 37(a)(5)(A).

6

[Id., at p. 13.] The Court ordered that Defendants file any brief in support of their fees by

7

September 2, 2022. [Id. at p. 14] The Court also took Plaintiff’s motion for sanctions under

8

submission and instructed Plaintiff to file any adversarial briefing on that motion by September 9,

9

2022. [Id.]

10

The Parties have considered their respective motions and have agreed to forego the

11

sanctions or attorneys’ fees sought in those motions. Accordingly, Defendants hereby withdraw

12

their Motion for Sanctions [ECF No. 78] and waive any attorneys’ fees available under Rule

13

37(a)(5)(A) with respect to that motion. Likewise, Plaintiff hereby withdraws its Motion for

14

Sanctions [ECF No. 89].
Respectfully submitted,

15
16

DATED: September 7, 2022

DICKENSON, PEATMAN & FOGARTY

17
By:

20

/s/ Christopher J. Passarelli
Paul W. Reidl
Christopher Passarelli
Brett Leininger
Attorneys for El Dorado Orchards, et al.

21

LAW OFFICES OF CATHERINE ASHLEY STRAIGHT

18
19

22

By:

23
24

/s/ Catherine Ashley Straight
Catherine Ashley Straight
Attorney for Apple Hill Growers

LAW OFFICES OF R. MICHAEL WEST

25
26

By:

27
28
STIP WITHDRAWING MOTIONS
FOR SANCTIONS

/s/ R. Michael West
R. Michael West
Attorney for Apple Hill Growers
2

Case No. 2:17-cv-02085-TLN-CKD

ORDER

1
2

Having the reviewed the Parties’ stipulation, the Court orders as follows:

3

1.

is hereby approved.

4
5

The Parties’ stipulation to withdraw their respective pending motions for sanctions

2.

This resolves Plaintiff’s motion for sanctions (ECF No. 89).

6

IT IS SO ORDERED.

7

Dated: September 7, 2022
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIP WITHDRAWING MOTIONS
FOR SANCTIONS

3

Case No. 2:17-cv-02085-TLN-CKD