Innovation Ventures LLC et al v. Pittsburg Wholesale Grocers Inc et al
Filing
429
STIPULATION AND MODIFIED ORDER re 427 Stipulation Governing Outstanding Discovery Issues Between Dan-Dee Company, Inc. and Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC. Signed by Judge Elizabeth D Laporte on 7/24/2013. (knm, COURT STAFF) (Filed on 7/24/2013)
1
2
3
4
Thomas P. Mazzucco – 139758 (tmazzucco@mpbf.com)
Bryan L. P. Saalfeld – 243331 (bsaalfeld@mpbf.com)
Nicholas C. Larson – 275870 (nlarson@mpbf.com)
MURPHY, PEARSON, BRADLEY & FEENEY, PC
88 Kearny Street, 10th Floor
San Francisco, CA 94108-5530
Tel: (415) 788-1900
Fax: (415) 393-8087
5
6
7
8
9
10
11
Geoffrey Potter (gpotter@pbwt.com) (admitted pro hac vice)
Michelle W. Cohen (mcohen@pbwt.com) (admitted pro hac vice)
Christos G. Yatrakis (cyatrakis@pbwt.com) (admitted pro hac vice)
Patterson Belknap Webb & Tyler LLP
1133 Avenue of the Americas
New York, NY 10036
Telephone:
(212) 336-2000
Fax:
(212) 336-2222
Attorneys for Plaintiff
INNOVATION VENTURES, LLC, LIVING ESSENTIALS, LLC
AND INTERNATIONAL IP HOLDINGS, LLC
12
UNITED STATES DISTRICT COURT
13
NORTHERN DISTRICT OF CALIFORNIA
14
15
16
INNOVATION VENTURES, LLC, LIVING
ESSENTIALS, LLC, and INTERNATIONAL IP
HOLDINGS, LLC,
17
18
Case No.: C-12-5523-WHA
STIPULATION AND ORDER
GOVERNING OUTSTANDING
DISCOVERY ISSUES BETWEEN
DAN-DEE COMPANY, INC. AND
INNOVATION VENTURES, LLC, LIVING
ESSENTIALS, LLC, AND
INTERNATIONAL IP HOLDINGS, LLC,
AS MODIFIED BY THE COURT
Plaintiff,
v.
19
20
PITTSBURG WHOLESALE GROCERS, INC.,
d/b/a PITCO FOODS, ET AL.,
21
Defendants
22
23
RELATED ACTIONS.
24
25
26
27
28
-1STIPULATION AND [PROPOSED] ORDER RE DISCOVERY
CASE NO. C-12-5523-WHA
6358695v.1
1
WHEREAS, Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP
2
Holdings, LLC (collectively, “Living Essentials”) filed and served its Second Amended Complaint on
3
December 5, 2012;
4
WHEREAS, defendant Dan-Dee Company, Inc. (“Dan-Dee”) filed and served its First
5
Amended Answer to Living Essentials’ Second Amended Complaint on March 8, 2013, which alleged
6
numerous affirmative defenses;
7
8
WHEREAS, Dan-Dee filed its First Set of Requests for Production and First Set of Special
Interrogatories on March 21, 2013;
9
10
WHEREAS, Living Essentials responded and objected to Dan-Dee’s First Set of Requests for
Production and First Set of Special Interrogatories on April 26, 2013;
11
WHEREAS, Judge Alsup issued an order on July 3, 2013, quashing certain of Dan-Dee’s
12
interrogatories and document requests, requiring Living Essentials to respond to Interrogatories Nos. 2-
13
3, 8-9, and 11-12, and referring other discovery matters to this Court;
14
15
WHEREAS, Living Essentials filed a 12(c) motion for Partial Judgment on the Pleadings
against Dan-Dee on July 15, 2013;
16
17
WHEREAS, Living Essentials’ 12(c) motion for Partial Judgment on the Pleadings against
Dan-Dee is scheduled to be heard by Judge Alsup on August 22, 2013, at 8:00 am;
18
WHEREAS, on July 17, 2013, this Court ordered the Parties to submit a joint letter on
19
requests for production 2-4 and 12-17 no later than July 24, 2013, and ordered Living Essentials to
20
respond no later than July 31, 2013, to the Interrogatories covered by Judge Alsup’s July 3, 2013
21
Order;
22
WHEREAS, the parties have met and conferred as to the outstanding discovery issues; and
23
WHEREAS, the parties agree that the interests of judicial economy are best served by avoiding
24
25
26
unnecessary motion practice;
WHEREFORE IT IS HEREBY STIPULATED AND AGREED, by and between the
undersigned, and subject to approval by the Court, that:
27
28
-2STIPULATION AND [PROPOSED] ORDER RE DISCOVERY
CASE NO. C-12-5523-WHA
6358695v.1
1
1) No submission of a joint statement by the parties will be required on July 24, 2013.
2
2) Living Essentials will produce responses to Dan-Dee’s Interrogatories Nos. 2-3, 8-9, 11-12
3
4
by Wednesday, July 31, 2013.
3) Living Essentials will produce documents responsive to Dan-Dee’s Requests for Production
5
6
Nos. 2-4 by Wednesday, July 31, 2013.
4) The Parties will postpone resolution of Dan-Dee’s remaining Requests for Production until
7
Judge Alsup reaches a decision on Living Essentials’ Rule 12(c) Motion for Partial
8
Judgment on the Pleadings.
9
5) The Parties will submit to this Court a joint statement resolving all or substantially all
10
outstanding discovery disputes within three business days of Judge Alsup’s ruling on
11
Living Essentials’ Rule 12(c) Motion for Partial Judgment on the Pleadings, to avoid delay
12
in light of Judge Alsup’s direction to not delay resolution of discovery disputes and this
13
Court’s prior order to present unresolved issues to the Court for decision by July 24, 2013,
14
which the parties preferred to avoid doing.
15
6) Within 14 days of an order by this Court on any outstanding discovery issues, Living
16
Essentials will produce the documents ordered by the Court.
17
18
CONSENTED AND AGREED BY:
19
20
21
22
23
24
25
26
27
28
-3STIPULATION AND [PROPOSED] ORDER RE DISCOVERY
CASE NO. C-12-5523-WHA
6358695v.1
1
Dated: July 23, 2013
MURPHY PEARSON BRADLEY & FEENEY
2
3
/s/ Thomas P. Mazzucco
Thomas P. Mazzucco
Attorneys for Plaintiffs
Innovation Ventures, LLC, Living Essentials,
LLC, and International IP Holdings, LLC
4
5
6
7
Dated: July 23, 2013
PATTERSON BELKNAP WEBB & TYLER LLP
8
/s/ Geoffrey Potter
Geoffrey Potter
Michelle W. Cohen
Christos G. Yatrakis
Attorneys for Plaintiffs
Innovation Ventures, LLC, Living Essentials,
LLC, and International IP Holdings, LLC
9
10
11
12
13
Dated: July 23, 2013
/s/ William Markham
William Markham
Law Offices of William Markham, P.C.
Attorney for Defendant Dan-Dee Company, Inc.
14
15
16
17
18
PURSUANT TO STIPULATION, IT IS SO ORDERED.
19
20
July 24, 2013
DATED: __________________________
21
_________________________________
Hon. Elizabeth D. Laporte
United States Magistrate Judge
22
23
24
25
26
27
28
-4STIPULATION AND [PROPOSED] ORDER RE DISCOVERY
CASE NO. C-12-5523-WHA
6358695v.1
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?