Georgia-Pacific LLC v. OfficeMax Incorporated et al

Filing 120

STIPULATION AND ORDER FOR MODIFICATION OF DISCOVERY DEADLINES AND TRIAL SCHEDULE re 117 STIPULATION WITH PROPOSED ORDER. Signed by Judge William H. Orrick on 09/13/2013. (jmdS, COURT STAFF) (Filed on 9/13/2013)

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Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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HUNTON & WILLIAMS LLP
Belynda Reck (SBN 163561)
Diana Biason (SBN 247274)
550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
HUNTON & WILLIAMS LLP
Jeffrey N. Martin (Admitted Pro Hac Vice)
2200 Pennsylvania Avenue, N.W.
Washington, D.C. 20037
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff and Counter-Defendant
GEORGIA-PACIFIC LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GEORGIA-PACIFIC LLC,
Plaintiff,

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v.

CASE NO.: 12-02797-WHO
STIPULATION AND ORDER FOR
MODIFICATION OF DISCOVERY
DEADLINES AND TRIAL
SCHEDULE

OFFICEMAX INCORPORATED,
LOUISIANA-PACIFIC
CORPORATION, AND THE CITY OF Judge: Hon. William H. Orrick
FORT BRAGG,
Defendants.
________________________________
AND RELATED COUNTERCLAIMS
AND CROSSCLAIMS

Complaint Filed: May 31, 2012
Amd. Complaint Filed: June 4, 2012
2nd Amd. Complaint Filed: May 21, 2013
JURY TRIAL DEMANDED

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STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF DISCOVERY DEADLINES
CASE NO. 12-02797 WHO

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Plaintiff and Counter-Defendant Georgia-Pacific LLC (“Georgia-Pacific”),

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Defendant and Counter-Plaintiff OfficeMax Incorporated (“OfficeMax”), Defendant

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and Counter-Plaintiff Louisiana-Pacific Corporation (“Louisiana-Pacific”), and

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Defendant and Counter-Plaintiff City of Fort Bragg (collectively “the parties”) hereby

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agree and, pursuant to the September 11, 2013 case management conference in which

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the case schedule was discussed and the parties received the Court’s guidance on the

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trial schedule, respectfully request that the Court modify the case schedule as follows:

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Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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1.

FACT DISCOVERY. On or before July 10, 2014 (an extension from

December 31, 2013) all non-expert discovery shall be completed by the parties.
2.

EXPERT WITNESSES. The disclosure and discovery of expert

witnesses and opinions shall proceed as follows:
A.

On or before May 16, 2014 (an extension from January 31, 2014)

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Georgia-Pacific will make initial expert disclosures in accordance with Federal Rule

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of Civil Procedure 26(a)(2).

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B.

On or before July 2, 2014 (an extension from January 31, 2014) all

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parties other than Georgia-Pacific will make initial expert disclosures in accordance

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with Federal Rule of Civil Procedure 26(a)(2).

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C.

On or before August 1, 2014, (an extension from February 20, 2014) all

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parties will make rebuttal expert disclosures in accordance with the Federal Rule of

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Civil Procedure 26(a)(2).

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D.

On or before September 2, 2014 (an extension from April 15, 2014), all

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discovery of expert witnesses pursuant to Federal Rule of Civil Procedure 26(b)(4)

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shall be completed.

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3.

PRETRIAL MOTIONS. All pretrial dispositive motions shall be heard

no later than October 1, 2014 (an extension from July 17, 2014).
4.

PRETRIAL CONFERENCE. The pretrial conference will be held on

December 15, 2014 at 2:00 p.m.
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STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF DISCOVERY DEADLINES
CASE NO. 12-02797 WHO

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5.

TRIAL. Jury trial will be set for January 5, 2015 at 8:30 a.m.

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6.

FURTHER CASE MANAGEMENT CONFERENCE. A case

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management conference will be set for March 18, 2014 at 2:00 p.m. The case

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management conference set for January 9, 2014 is vacated.

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7.

The parties agree that no party deposition notices will be served or

the day after the next mediation session with Judge Phillips is completed, which

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mediation is scheduled for November 8, 2013 and/or December 2, 2013, and that other

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party discovery will be limited to third-party discovery related to potential insurance

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Hunton & Williams LLP

production of electronic discovery will occur until the earlier of December 3, 2013 or

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550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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issues, responses to the existing discovery requests of the City of Fort Bragg, follow-

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up on or additional document subpoenas to third-parties, and informal site visits by

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expert witnesses.

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8.

The parties further agree they will meet and confer in good faith with the

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goal of obtaining a stipulation regarding the production of Electronically Stored

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Information (“ESI”) such that an agreement on the protocol for production of ESI

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would be in place to allow preparation for production to begin on December 3, 2013.

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No party will use the signing of this stipulation against any other party in
connection with seeking or opposing further extensions.

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DATED: September 12, 2013

HUNTON & WILLIAMS LLP

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By: /s/ Belynda Reck
Belynda Reck
Attorney for Plaintiff and CounterDefendant
GEORGIA-PACIFIC LLC

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STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF DISCOVERY DEADLINES
CASE NO. 12-02797 WHO

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DATED: September 12, 2013

LEWIS BRISBOIS BISGAARD & SMITH LLP

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By: /s/ R. Gaylord Smith
R. Gaylord Smith
Attorney for Defendant, CounterPlaintiff
OFFICEMAX INCORPORATED

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DATED: September 12, 2013

BASSI EDLIN HUIE & BLUM LLP

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By: /s/ Noel Edlin
Noel Edlin
Attorney for Defendant and CounterPlaintiff
THE CITY OF FORT BRAGG

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Hunton & Williams LLP

550 South Hope Street, Suite 2000
Los Angeles, California 90071-2627

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DATED: September 12, 2013

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BRADLEY ARANT BOULT CUMMINGS LLP
By: /s/ Tara Sky Woodward
Tara Sky Woodward
Attorney for Defendant and CounterPlaintiff
LOUISIANA-PACIFIC CORPORATION

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** Filer attests that concurrence in the filing of this document has been obtained from
R. Gaylord Smith, Tara Sky Woodward, and Noel Edlin.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: September 13, 2013
Hon. William H. Orrick
United States District Judge

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STIPULATION AND [PROPOSED] ORDER FOR MODIFICATION OF DISCOVERY DEADLINES
CASE NO. 12-02797 WHO