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

Filing 96

ORDER signed by Magistrate Judge Carolyn K. Delaney on 09/22/2022 EXTENDING the Deadline as follows: Chris Delfino SHALL appear for a Deposition on or before 09/29/2022. The 30(b)(6) Deposition topics for which Plaintiff has designated Mr. Delfino as representative shall be addressed at the same Deposition, on or before 09/29/2022. The 09/23/2022 Deadline for the Deposition is hereby VACATED. (Rodriguez, E)

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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]

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

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Attorneys for Plaintiff/Counter-Defendant
APPLE HILL GROWERS

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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APPLE HILL GROWERS,

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Plaintiff,
vs.

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EL DORADO ORCHARDS, INC., et al.

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Defendants.

CASE NO. 2:17-cv-02085-TLN-CKD
STIPULATION AND ORDER TO
EXTEND DEADLINE FOR THE
DEPOSITION OF CHRIS DELFINO

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Plaintiff Apple Hill Growers (“Plaintiff”) and Defendants Brad Visman, Mason Visman,
Kandi Visman, and El Dorado Orchards, Inc., (“Defendants”) (Plaintiff and Defendants

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STIP EXTENDING DEADLINE
FOR DELFINO DEPOSITION

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

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collectively “the Parties”) hereby agree and to stipulate to extend the deadline for the deposition

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of Chris Delfino.

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

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Sanctions on July 20, 2022. [ECF No. 78.] On August 19, 2022, the Court issued an order [ECF

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No. 92] granting in part and denying in part Defendants’ Motion. The Court ordered, inter alia,

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that Chris Delfino “appear for a deposition during the week of September 19th, 2022.” [Id., at p.

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6.] The Court also ordered that Plaintiff designate a representative to testify on the Rule 30(b)(6)

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deposition topics, and that such deposition take place “no later than September 23, 2022 . . . .”

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[Id. at 7.] Plaintiff has designated Mr. Delfino to testify on certain of the topics listed in the Rule

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30(b)(6) Amended Notice of Deposition to Plaintiff.

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The Parties have cooperated in the scheduling of depositions since the Court’s Order. The

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deposition of R. Michael West took place on September 20, 2022, and the parties plan to take the

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deposition of Susan Boeger (and the 30(b)(6) topics for which she has been designated as

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Plaintiff’s representative) prior to September 23, 2022. However, it would be more convenient for

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the witness for his deposition to take place next week, prior to September 29, and neither party

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will be prejudiced by a short extension. Accordingly, the Parties stipulate and jointly request that

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the Court extend the deadline for taking the deposition of Chris Delfino (and the 30(b)(6) topics

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for which Plaintiff has designated him), and that the Court order that such deposition now take

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place prior to September 29, 2022.
Respectfully submitted,

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DATED: September 22, 2022

DICKENSON, PEATMAN & FOGARTY

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By:

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

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STIP EXTENDING DEADLINE
FOR DELFINO DEPOSITION

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

LAW OFFICES OF CATHERINE ASHLEY STRAIGHT

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By:

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

LAW OFFICES OF R. MICHAEL WEST

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By:

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

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STIP EXTENDING DEADLINE
FOR DELFINO DEPOSITION

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

ORDER

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

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1.

Chris Delfino SHALL appear for a deposition on or before September 29, 2022—

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with the deposition to be conducted either in person in El Dorado County, or via

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remote means;

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2.

The 30(b)(6) deposition topics for which Plaintiff has designated Mr. Delfino as

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representative shall be addressed at the same deposition, on or before

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September 29, 2022; and

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3.

The September 23, 2022, deadline for the deposition of Mr. Delfino in the Court’s
Order of August 19, 2022, is hereby vacated.

IT IS SO ORDERED.
Dated: September 22, 2022

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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STIP EXTENDING DEADLINE
FOR DELFINO DEPOSITION

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