Amcor Flexibles, Inc. v. Fresh Express, Inc.

Filing 41

STIPULATION AND ORDER RE: EXTENSION OF CASE MANAGEMENT DEADLINES: Re 40 Stipulation filed by Amcor Flexibles, Inc. Signed by Magistrate Judge Laurel Beeler on 10/10/2014. (ls, COURT STAFF) (Filed on 10/10/2014)

1 AMY K. JENSEN (SBN 226589)

[e-mail]
2 HINSHAW & CULBERTSON LLP

One California Street, 18th Floor
3 San Francisco, CA 94111

Telephone:
4 Facsimile:

415-362-6000
415-834-9070

5 ALAN I. GREENE (PRO HAC VICE)

[e-mail]
6 HINSHAW & CULBERTSON LLP

222 N. LaSalle Street, Suite 300
7 Chicago, IL 60601

Telephone:

312-704-3000
312-704-3001
Attorneys for Plaintiff
9 AMCOR FLEXIBLES, INC.
8 Facsimile:

10 LAWRENCE H. MEUERS (SBN 197663)

[e-mail]
11 MEUERS LAW FIRM, P.L.

5395 Park Central Court
12 Naples, FL 34106

Telephone: [phone]
13 Facsimile: 239-513-9677

Attorneys for Defendant
14 FRESH EXPRESS, INCORPORATED
15

UNITED STATES DISTRICT COURT
16

FOR THE NORTHERN DISTRICT OF CALIFORNIA
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18

AMCOR FLEXIBLES, INC.,

Case No. 3:14-cv-01025-LB

19

Plaintiff,
20

vs.

STIPULATION RE: EXTENSION OF
CASE MANAGEMENT DEADLINES
ORDER

21

FRESH EXPRESS, INCORPORATED,

Judge:

Magistrate Laura Beeler

22

Defendant.
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STIPULATION RE: EXTENSION OF CASE MANAGEMENT DEADLINES
– Case No. 3:14-CV-01025-LB
3310324v1 0941063

1

TO THIS HONORABLE COURT:

2

Plaintiff AMCOR FLEXIBLES, INC. (Plaintiff), and Defendant, FRESH EXPRESS,

3 INCORPORATED (Defendant), through their respective counsel, respectfully submit the
4 following Stipulation and Proposed Order for an extension of the previously-set Case
5 Management deadlines.
6

WHEREAS, this case involves claims of breach of contract by Plaintiff Amcor

7 Flexibles against Defendant Fresh Express relating to the sale and purchase of certain goods;
8

WHEREAS, the parties previously met and conferred concerning case management

9 deadlines and submitted agreed-upon dates to this Court in their Joint Report pursuant to
10 F.R.C.P. Rule 26;
11

WHEREAS, the parties appeared before this Honorable Court on August 21, 2014

12 and discussed their agreement concerning the case management deadlines in this case;
13

WHEREAS, on August 29, 2014, this Honorable Court entered its Case Management

14 and Pre-Trial Order setting forth the case management deadlines, and referred the parties to
15 private mediation per their request;
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WHEREAS, the parties have since met and conferred further and have discussed a

17 brief continuance of certain case management deadlines so that the parties may complete
18 necessary discovery matters prior to participating in private mediation;
19

WHEREAS, the parties have agreed upon a neutral mediator and have discussed

20 availability among counsel, clients, and the neutral mediator, and are confident that, with the
21 proposed stipulated extension of time, the parties can complete the private mediation during
22 the week of December 8, 2014;
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WHEREAS, none of the requested extensions of time results in a change to the trial

24 date or any other dates on which the parties are set to appear before this Honorable Court;
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WHEREAS, the parties do not seek the requested extension in order to delay the

26 proceedings or prejudice any party, but instead so that justice may be done;
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STIPULATION RE: EXTENSION OF CASE MANAGEMENT DEADLINES
– Case No. 3:14-CV-01025-LB
3310324v1 0941063

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THE PARTIES HEREBY STIPULATE THAT:

2

1.

The last day to complete private mediation, previously set for November 4,

3 2014, shall be continued to December 31, 2014;
4

2.

Non-expert discovery cut-off, previously set for February 17, 2015, shall be

5 continued to March 17, 2015;
6

3.

Expert disclosures, previously set to take place on March 2, 2015, shall be

7 continued to April 2, 2015;
8

4.

Rebuttal expert disclosures, previously set to take place on March 17, 2015,

9 shall be continued to April 17, 2015; and
10

5.

Expert discovery cut-off, previously set for March 30, 2015, shall be continued

11 to April 30, 2015.
12

6.

All remaining dates set forth in the Case Management and Pre-Trial Order

13 entered on August 29, 2014 shall remain as scheduled.
14

IT IS SO STIPULATED:

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16 DATED: October 9, 2014

HINSHAW & CULBERTSON LLP

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/s/ Amy K. Jensen
18

AMY K. JENSEN
Attorneys for AMCOR FLEXIBLES, INC.

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20

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UNIT
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MEUERS LAW FIRM, P.L.
VED
APPRO
/s/ Lawrence H. Meuers

NO

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LAWRENCE H. MEUERS
rel Beel
dge Lau
Ju Attorneys for FRESH EXPRESS, INC.

R NIA

22 DATED: October 9, 2014
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Dated: October 10, 2014

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STIPULATION RE: EXTENSION OF CASE MANAGEMENT DEADLINES
– Case No. 3:14-CV-01025-LB
3310324v1 0941063