150 Spear Street Associates L.P. v. VWR International, LLC et al

Filing 82

STIPULATION AND ORDER re 81 STIPULATION WITH PROPOSED ORDER Modifying Scheduling Order filed by VWR International, LLC.Fact discovery cut-off 10/15/2018. Expert disclosures 11/5/2018. Expert rebuttal 11/26/2018. Expert discovery c ut-off 12/10/2018. Dispositive Motions due by 12/31/2018. Pretrial conference statement 4/22/2019. Pretrial Conference set for 5/3/2019 at 2:00 PM in Oakland, Courtroom 2, 4th Floor before Judge Jon S. Tigar. Jury Trial set for 5/20/2019 - 6/17/2019 at 8:30 AM in San Francisco, Courtroom 09, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on June 5, 2018. (wsn, COURT STAFF) (Filed on 6/6/2018)

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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N. KATHLEEN STRICKLAND (SBN 64816)
ANGELA J. YU (SBN 263212)
STEPHAN CHOO (SBN 284395)
ROPERS, MAJESKI, KOHN & BENTLEY
150 Spear Street, Suite 850
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]
BONNIE ALLYN BARNETT (appearing pro hac vice)
DRINKER BIDDLE & REATH LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
ADAM J. THURSTON (SBN 162636)
DRINKER BIDDLE & REATH LLP
1800 Century Park East, Suite 1500
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Defendant
VWR INTERNATIONAL, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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150 SPEAR STREET ASSOCIATES, L.P.,

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Plaintiff,

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v.

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VWR INTERNATIONAL, LLC; UNIVAR
USA INC.,

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Defendants.

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CASE NO. 3:17-cv-03246-JST-MEJ
STIPULATION AND [PROPOSED]
ORDER MODIFYING SCHEDULING
ORDER [DKT. NO. 53]
[Fed. R. Civ. P. 16(b); Civil L.R. 6-2 and 7-12]
Judge: Hon. Jon S. Tigar
Complaint Filed: June 6, 2017

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER
4850-0426-5062.4

3:17-CV-03246-JST-MEJ

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STIPULATION

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Pursuant to Rules 6-2 and 7-12 of the Local Rules of Practice in Civil Proceedings before

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the United States District Court for the Northern District of California (“Civil Local Rules”) and

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Rule 16(b)(4) of the Federal Rules of Civil Procedure, Plaintiff 150 Spear Street Associates, L.P.

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(“Plaintiff”) and Defendants VWR International, LLC and Univar USA Inc. (collectively,

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“Defendants”) (Plaintiff and Defendants collectively, the “Parties”), by and through their

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respective counsel of record, hereby stipulate as follows:
WHEREAS, on September 13, 2017, this Court issued a Scheduling Order setting the

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following schedule and deadlines (Dkt. No. 37);

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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Event

Deadline

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Deadline to add parties or amend the pleadings

September 29, 2017

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Fact discovery cut-off

June 1, 2018

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Expert disclosures

June 22, 2018

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Expert rebuttal

July 13, 2018

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Expert discovery cut-off

July 27, 2018

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Deadline to file dispositive motions

August 17, 2018

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Pretrial conference statement due

October 30, 2018

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Pretrial Conference

November 9, 2018 at 2:00 p.m.

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Trial

November 26, 2018 at 8:30 a.m.

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WHEREAS, on November 17, 2017, pursuant to a Stipulation and Proposed Order of the

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Parties (Dkt. No. 52), this Court entered an Order to Modify Scheduling Order as follows (Dkt.

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No. 53) (the “Operative Scheduling Order”):

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Event
Deadline to add parties or
amend the pleadings

Prior Deadline
September 29, 2017

New Deadline
N/A

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4850-0426-5062.4

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER

3:17-CV-03246-JST-MEJ

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Fact discovery cut-off

June 1, 2018

July 16, 2018

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Expert disclosures

June 22, 2018

August 6, 2018

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Expert rebuttal

July 13, 2018

August 27, 2018

Expert discovery cut-off

July 27, 2018

September 10, 2018

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Deadline to file dispositive

August 17, 2018

October 2, 2018

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motions

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Pretrial conference statement

October 30, 2018

January 21, 2019

November 9, 2018 at 2:00

February 1, 2019 at 2:00 p.m.

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5

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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due

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Pretrial Conference

p.m.

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Trial

November 26, 2018 at 8:30

February 19, 2019 at 8:30 a.m.

a.m.

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WHEREAS, in the course of discovery, Plaintiff has filed multiple motions to compel

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discovery, and the Parties anticipate that Defendants will file one or more motions to compel

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discovery;

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WHEREAS, the Parties have engaged in extensive meet-and-confers in their efforts to

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resolve—without judicial intervention—discovery issues relating to the scheduling of party and

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non-party fact witness depositions;

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WHEREAS, given the collective availability of counsel and of the proposed deponents,

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the Parties anticipate that the time required to complete party and fact witness depositions and to

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brief and respond to any related motion practice that may arise from those depositions as well as

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complying with any court orders related thereto exceeds the current fact discovery cut-off of July

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16, 2018, such that good cause exists to modify the Operative Scheduling Order;

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WHEREAS, this is the second request by the Parties to enlarge time with respect to the
Scheduling Order; and
4850-0426-5062.4

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER

3:17-CV-03246-JST-MEJ

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WHEREAS, good cause exists to grant the Parties’ stipulated request;

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NOW THEREFORE, in view of the above, pursuant to Civil Local Rules 6-2 and 7-12

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and Rule 16(b)(4) of the Federal Rules of Civil Procedure, the Parties hereby stipulate and agree

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to extend all dates and deadlines in the Operative Scheduling Order by 90 days such that the new

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deadlines for each event are as follows:

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Event
Deadline to add parties or

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New Deadline

amend the pleadings

September 29, 2017

N/A

Fact discovery cut-off

July 16, 2018

October 15, 2018

Expert disclosures

August 6, 2018

November 5, 2018

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Expert rebuttal

August 27, 2018

November 26, 2018

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Expert discovery cut-off

September 10, 2018

December 10, 2018

Deadline to file dispositive

October 2, 2018

December 31, 2018

January 21, 2019

April 22, 2019

Pretrial Conference

February 1, 2019 at 2:00 p.m.

May 3, 2019
May 2, 2019 at 2:00 p.m.

Trial

February 19, 2019 at 8:30 a.m. May 20, 2019 at 8:30 a.m.

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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Prior Deadline

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motions
Pretrial conference statement
due

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IT IS SO STIPULATED.

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4850-0426-5062.4

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER

3:17-CV-03246-JST-MEJ

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Dated: June 4, 2018

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ N. Kathleen Strickland
N. KATHLEEN STRICKLAND
ANGELA J. YU
STEPHAN CHOO
Attorneys for Defendant
VWR INTERNATIONAL, LLC

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Dated: June 4, 2018

DRINKER BIDDLE & REATH LLP

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By: /s/ Bonnie Barnett
BONNIE ALLYN BARNETT
ADAM J. THURSTON
Attorneys for Defendant
VWR INTERNATIONAL, LLC

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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Dated: June 4, 2018

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By: /s/ Michelle Rosenthal
MICHELLE ROSENTHAL
GREGORY HIXSON
Attorneys for Defendant
UNIVAR USA INC.

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VERIS LAW GROUP PLLC

Dated: June 4, 2018

NIXON PEABODY LLP

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By: /s/ Jennifer Kuenster
JENNIFER KUENSTER
ANTHONY BARRON
MATTHEW RICHARDS
Attorneys for Defendant
UNIVAR USA INC.

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4850-0426-5062.4

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER

3:17-CV-03246-JST-MEJ

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Dated: June 4, 2018

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PILLSBURY WINTHROP SHAW PITTMAN
LLP

By: /s/ Philip S. Warden
PHILIP S. WARDEN
VIJAY K. TOKE
Attorneys for Plaintiff
150 SPEAR STREET ASSOCIATES,
L.P.

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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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A Professional Corporation
San Francisco

Ropers Majeski Kohn & Bentley

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DATED:

June 5, 2018
HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, N. Kathleen Strickland, hereby attest that concurrence in the filing of this Stipulation

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and [Proposed] Order Modifying Scheduling Order has been obtained from each of the other

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signatories.

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Dated: June 5, 2018

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By: /s/ N. Kathleen Strickland
N. Kathleen Strickland

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4850-0426-5062.4

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STIPULATION AND [PROPOSED] ORDER
MODIFYING SCHEDULING ORDER

3:17-CV-03246-JST-MEJ