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

Filing 86

ORDER: Re 80 Notice (Other) filed by Amcor Flexibles, Inc. Signed by Magistrate Judge Laurel Beeler on 6/1/2015. (lsS, COURT STAFF) (Filed on 6/1/2015)

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AMY K. JENSEN (SBN 226589)
HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile:
415-834-9070
ALAN I. GREENE (PRO HAC VICE)
MATTHEW J. O'HARA (PRO HAC VICE)
HINSHAW & CULBERTSON LLP
222 N. LaSalle Street, Suite 300
Chicago, IL 60601
Telephone: [phone]
Facsimile:
312-704-3001
Attorneys for Plaintiff
AMCOR FLEXIBLES, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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

AMCOR FLEXIBLES, INC.,

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ORDER

Plaintiff,

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vs.

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FRESH EXPRESS, INCORPORATED,
Defendant.

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FRESH EXPRESS INCORPORATED, INC.'S
DEPOSITIONS TO BE TAKEN

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Name

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Mike Mallon
David Bradley
Matt Christian

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Fresh Express
-- Hours
6 hours
4 hours
2 hours

Amcor
-- Hours1
3 hours
2 hours
1 hour

Court
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Amcor’s responses in this column are pursuant to the Court’s Order of May 21, 2015 (Dkt. No. 77) and are without
waiver of its objections to producing any of these witnesses for depositions after the cut-off for fact witness
discovery, in light of the established lack of diligence by Fresh Express and its counsel and the corresponding lack
of good cause shown. These responses are also without prejudice to Amcor’s motion for Rule 37(c)(1) discovery
sanctions related to fees and expenses incurred related to these witnesses, as well as other Rule 37(c)(1) sanctions it
intends to seek.

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Amy Lynch

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2 hours

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Not noticed
(See Ex. A
attached)2 –
0 hours
1 hour
1 hour

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Tami Jolicoeur
Randy Murr

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2 hours
2 hours

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DATED: May 26, 2015

HINSHAW & CULBERTSON LLP

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/s/ Matthew J. O’Hara
MATTHEW J. O’HARA
Attorneys for Plaintiff
AMCOR FLEXIBLES, INC.

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Dated: June 1, 2015

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UNIT
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Judge L

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eler

urel Be

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At the May 21, 2015 discovery hearing, the Court indicated it would not allow depositions of Amcor witnesses
whose depositions had not already been noticed by Fresh Express. Attached as Exhibit A is the correspondence
received on April 29, 2015 (see Dkt. No. 76, at 3), from Fresh Express’ counsel with attached deposition notices.
As indicated in this email, the notices attached were for the depositions of David Bradley, Mike Mallon, Randy
Murr, Tami Jolicoeur, and Matt Christian. Amy Lynch’s deposition was not noticed by Fresh Express.

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