Mullins v. Premier Nutrition Corporation

Filing 59

JOINT STIPULATION AND ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT DISCLOSURE DEADLINES. Signed by Judge Richard Seeborg on 8/19/14. (cl, COURT STAFF) (Filed on 8/19/2014)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 VENABLE LLP Angel A. Garganta (SBN 163957) aagarganta@venable.com Spear Tower, 40th Floor One Market Plaza, 1 Market Street San Francisco, CA 94105 Telephone: (415) 653-3735 Facsimile: (415) 653-3755 Guido E. Toscano (SBN 266304) getoscano@venable.com 2049 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 229-9900 Facsimile: (310) 229-9901 ARNOLD & PORTER LLP Trenton H. Norris (SBN 164781) trent.norris@aporter.com Anton A. Ware (SBN 257848) anton.ware@aporter.com Three Embarcadero Center, 10th Floor San Francisco, CA 94111 Telephone: (415) 471-3100 Facsimile: (415) 471-3400 Attorneys for Defendant PREMIER NUTRITION CORP. 15 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 20 21 22 23 24 25 26 SAN FRANCISCO DIVISION VINCENT D. MULLINS, individually and on) Case No. 3:13-cv-01271-RS behalf of all others similarly situated, ) ) JOINT STIPULATION AND Plaintiff ) [PROPOSED] ORDER CONTINUING ) INITIAL AND SUPPLEMENTAL v. ) EXPERT DISCLOSURE DEADLINES ) PREMIER NUTRITION CORP. ) Hon. Richard Seeborg f/k/a JOINT JUICE, INC., ) ) Current Dates: August 29, 2014 and Defendant. ) September 26, 2014 ) Proposed Dates: September 12, 2014 and ) October 10, 2014 27 {00076179.V1} 28 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT DISCLOSURE DEADLINES CASE NO. 3:13-CV-01271-RS 1 Pursuant to Local Rule 6-1 and 6-2, Plaintiff Vincent D. Mullins (“Plaintiff”), and 2 Defendant Premier Nutrition Corporation (“Defendant”), through their respective counsel of record 3 (collectively, “the Parties”), hereby stipulate and agree, subject to the Court’s approval, as follows: 4 5 6 7 WHEREAS, the initial expert disclosure deadline for any experts for summary judgment and class certification in this matter is currently August 29, 2014; WHEREAS, the supplemental expert disclosure deadline for any experts for summary judgment and class certification in this matter is currently September 26, 2014; 8 WHEREAS, the parties have attempted to schedule key party depositions prior to the current 9 expert disclosure deadlines, however certain of these depositions were not able to be scheduled until 10 11 12 13 14 a time beyond or sufficiently in advance of the current deadlines; WHEREAS, this request is made in good faith as an extension is necessary to allow the Parties sufficient time to complete their expert reports in a timely and comprehensive manner; WHEREAS, this is only the second time the Parties have sought an extension of the expert disclosure deadlines, and the deadlines were previously extended by only two weeks; 15 WHEREAS, this extension will not affect any other deadlines set by the Court; and 16 WHEREAS, this extension will not affect any pre-trial or trial dates as no dates have been 17 18 19 set for trial. NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through their respective counsel and subject to the Court’s approval, that: 20 1) the deadline for the Parties to exchange initial expert disclosures for summary judgment 21 and class certification is extended from August 29, 2014 to September 12, 2014; and 22 2) the deadline for the Parties to exchange supplemental expert disclosures for summary 23 judgment and class certification is extended from September 26, 2014 to October 10, 24 2014. 25 26 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 27 28 {00076179.V1}- 1 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT DISCLOSURE DEADLINES CASE NO. 3:13-CV-01271-RS 1 Dated: August 19, 2014 By: /s/ Angel A. Garganta Angel A. Garganta 2 VENABLE LLP Angel A. Garganta Guido E. Toscano 3 4 ARNOLD & PORTER LLP Trenton H. Norris Anton A. Ware 5 6 Attorneys for Defendant PREMIER NUTRITION CORP. 7 8 Dated: August 19, 2014 9 10 11 By: /s/ by consent, Thomas Joseph O’Reardon, II Timothy G. Blood (SBN 149343) Thomas Joseph O'Reardon, II (SBN 247952) BLOOD HURST O'REARDON LLP Attorneys for Plaintiff Vincent D. Mullins 12 13 14 PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 15 16 17 8/19/14 Dated: _____________________ _____________________________ Honorable Richard Seeborg United States District Court Judge 18 19 20 21 22 23 24 25 26 27 28 {00076179.V1}- 2 STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL AND SUPPLEMENTAL EXPERT DISCLOSURE DEADLINES CASE NO. 3:13-CV-01271-RS

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