Dairy, LLC v. Milk Moovement, Inc.

Filing 496

ORDER signed by Senior Judge William B. Shubb on 11/14/23 GRANTING 490 the Joint Stipulation and AMENDING the 5/31/23 Second Amended Scheduling Order as follows: Designation of Expert Witnesses due by 12/7/2023 with rebuttal expert testimony du e by 1/29/24; expert depositions due by 3/1/24; all motions, except motions for continuances, temporary restraining orders, or other emergency applications, shall be filed on or before 3/22/24. The Final Pretrial Conference is SET for 5/20/2024 at 01:30 PM and the Jury Trial is SET for 7/9/2024 at 09:00 AM, in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Kastilahn, A)

1 J. Noah Hagey, Esq. (SBN: 262331)
[e-mail]
2 BRAUNHAGEY & BORDEN LLP
351 California Street, 10th Floor
3 San Francisco, CA 94104
Telephone: [phone]
4 Facsimile: [phone]
5 Douglas S. Curran, Esq. (pro hac vice)
[e-mail]
6 Garrett M. Biedermann, Esq. (pro hac vice)
[e-mail]
7 BRAUNHAGEY & BORDEN LLP
118 W 22nd Street, 12th Floor
8 New York, NY 10011
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Counterclaim-Plaintiff and Defendant
MILK MOOVEMENT, INC. and
11 Defendant MILK MOOVEMENT, LLC
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:21-CV-02233-WBS-AC

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EVER.AG, LLC, a Delaware Limited Liability
Company,
Plaintiff,

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ORDER CONTINUING DISCOVERY
DEADLINES

v.
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MILK MOOVEMENT, INC., a foreign
Corporation, and MILK MOOVEMENT,
LLC, a Delaware Limited Liability
Company,

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Defendants.

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MILK MOOVEMENT, INC., a foreign
Corporation,

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Counterclaim-Plaintiff,
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v.
EVER.AG, LLC, a Delaware Limited Liability
Company,
Counterclaim-Defendant.

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Case No.: 2:21-CV-02233-WBS-AC
ORDER GRANTING JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES

Defendants Milk Moovement, Inc. and Milk Moovement LLC (together, “Milk

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2 Moovement”) and Plaintiff Ever.Ag, LLC (“Ever.Ag” and, with Milk Moovement, the “Parties”),
3 filed a Joint Stipulation to Continue Discovery Deadlines on November 13, 2023. After reviewing
4 the submission of counsel, and for good cause shown, this Court hereby GRANTS the Joint
5 Stipulation, VACATES the trial date currently set for June 11, 2024, and ORDERS that the Court’s
6 May 31, 2023 Second Amended Scheduling Order be amended as follows:
7 I.

DISCOVERY

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The Parties shall disclose experts and produce reports in accordance with Federal Rule of

9 Civil Procedure 26(a)(2) by no later than December 7, 2023. With regard to expert testimony
10 intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance
11 with Federal Rule of Civil Procedure 26(a)(2) on or before January 29, 2024. All expert
12 depositions shall be concluded by March 1, 2024. All other discovery deadlines shall remain
13 unchanged from the Court’s Second Amended Case Scheduling Order.
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MOTION HEARING SCHEDULE

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All motions, except motions for continuances, temporary restraining orders, or other

16 emergency applications, shall be filed on or before March 22, 2024. All motions shall be noticed
17 for the next available hearing date.
18 III.

The Final Pretrial Conference is set for May 20, 2024 at 1:30 p.m. (Pacific Time), to be

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held in person, in open court, in Courtroom No. 5. The conference shall be attended by at least
one of the attorneys who will conduct the trial for each of the parties and by any unrepresented
parties.

23 IV.

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TRIAL SETTING
The jury trial is set for July 9, 2024 at 9:00 a.m. (Pacific Time). Milk Moovement and

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FINAL PRETRIAL SCHEDULE

Ever.Ag estimate that the trial will be completed in 14 days, provided the parties are able to reach
agreements on authenticity and pre-admissibility of exhibits, as the parties anticipate that they will
be able to do.
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Case No.: 2:21-CV-02233-WBS-AC
ORDER GRANTING JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES

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IT IS SO ORDERED.

3 Dated: November 14, 2023
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Case No.: 2:21-CV-02233-WBS-AC
ORDER GRANTING JOINT STIPULATION TO CONTINUE DISCOVERY DEADLINES