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)

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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

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