Chiquita Fresh North America L.L.C. v. Green Transport Company et al

Filing 55

ORDER re 54 STIPULATION WITH PROPOSED ORDER to Extend Certain Discovery Deadlines and re: Joint Statement of Facts with Respect to Plaintiff's Motion for Partial Summary Judgment filed by Green Transport Company, The deadline for completing non-expert discovery is continued from May 1, 2013, to June 15, 2013; the deadline for disclosing expert witnesses and reports is continued from May 1, 2013, to June 15, 2013; the deadline for disclosing rebuttal expert witnesses and repor ts is continued from May 15, 2013, to June 30, 2013; the deadline for completing expert discovery is continued from May 29, 2013, to July 14, 2013; the parties may, as necessary, submit one supplemental joint statement of material facts not in disput e to accompany GTCs response to Chiquitas motion for summary adjudication, andone such statement to accompany Chiquitas reply, under the standards set forth in Paragraph 14 of the Standing Order. Signed by Magistrate Judge Donna M. Ryu on 04/04/13. (dmrlc2, COURT STAFF) (Filed on 4/4/2013)

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MARK F. HAZELWOOD, SBN 136521
[e-mail]
DIRK D. LARSEN, SBN 246028
[e-mail]
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
San Francisco, California 94111-2584
Telephone [phone]
Facsimile [phone]

ROBERT M. BODZIN, SBN 201327
[e-mail]
RAYMOND A. GREENE, III, SBN 131510
[e-mail]
ALISON F. GREENE, SBN 148309
[e-mail]
BURNHAM BROWN
A Professional Law Corporation
P.O. Box 119
Oakland, California 94604

Attorneys for Defendant
GREENE TRANSPORT COMPANY

1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone [phone]
Facsimile [phone]

TODD A. ANGSTADT, SBN 166404
[e-mail]
ELISA R. MARCALETTI, SBN 227263
[e-mail]
PHILLIPS, SPALLAS & ANGSTADT LLP
Three Embarcadero Center, Suite 550
San Francisco, California 94111
Telephone [phone]
Facsimile [phone]

Attorneys for Plaintiff
CHIQUITA FRESH NORTH AMERICA, L.L.C.

Attorneys for Defendant
JOHN GREENE LOGISTICS COMPANY

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CHIQUITA FRESH NORTH AMERICA,
LLC,
Plaintiff,

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vs.
GREENE TRANSPORT COMPANY; JOHN
GREENE LOGISTICS COMPANY; and
DOES 1 through 10, inclusive,

STIPULATION AND [PROPOSED] ORDER
TO EXTEND CERTAIN DISCOVERY
DEADLINES AND RE: JOINT
STATEMENT OF FACTS WITH RESPECT
TO PLAINTIFF’S MOTION FOR PARTIAL
SUMMARY JUDGMENT

Defendants.

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Case No. CV 11-6683 DMR

RECITALS
1.

The above-captioned action arises in part from events that are also the subject of

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Holtzapple, et al. v. Ajax Logistics, et al. (“Holtzapple”), In the Circuit Court of the Ninth Judicial

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Circuit, In and For Osceola County, Florida, Case No. 10-CA-7095 AN (22). The parties to this action
-1STIPULATION AND [PROPOSED] ORDER TO EXTEND CERTAIN DISCOVERY DEADLINES AND RE: JOINT
STATEMENT OF FACTS WITH RESPECT TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No: CV 11-6683 DMR

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are also parties to the Holtzapple action. In order to avoid duplicative discovery proceedings while

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promoting efficiency and economy, the parties wish to coordinate the depositions of party-affiliated

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personnel in the two actions. Due to the progress of the Holtzapple action, the parties anticipate that the

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depositions will take place in April and May 2013.
2.

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Plaintiff Chiquita Fresh North America, LLC (“Chiquita”) has filed a motion for partial

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summary judgment against defendant Greene Transport Company (“GTC”) on the issues of GTC’s

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alleged breach of contractual provisions regarding (1) the defense of Chiquita in Holtzapple; (2) the

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acquisition of insurance for Chiquita; and (3) the use of subcontractors to carry Chiquita’s load. (Doc.

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No. 53.) The hearing of Chiquita’s motion is scheduled for May 9, 2013; GTC’s opposition is due on

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April 8, 2013, and Chiquita’s reply on April 15, 2013. GTC believes that the deposition of Chiquita’s

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present Transportation Manager, currently scheduled for April 19, 2013, may reveal agreement or

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dispute regarding facts that GTC contends are relevant to Chiquita’s motion, primarily to issue (3),

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above.

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3.

Paragraph 14 of the Standing Order of the Hon. Donna M. Ryu provides that motions for

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summary judgment or adjudication are to be accompanied by a joint statement of material facts not in

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dispute. It does not contain an explicit provision for supplemental joint statements. Chiquita and GTC

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have met and conferred in good faith in order to create a joint statement of facts not in dispute, which

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Chiquita filed along with its motion for partial summary judgment. Chiquita does not object to GTC’s

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submission of a Supplemental Joint Statement of Undisputed Material Facts which is filed with GTC’s

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opposition to Chiquita’s Motion for Partial Summary Adjudication. GTC does not object to Chiquita’s

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submission of a Supplemental Joint Statement of Undisputed Material Facts which is filed with

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Chiquita’s reply in further support of its Motion for Partial Summary Adjudication.

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Accordingly, the parties HEREBY STIPULATE as follows:
STIPULATION

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1.

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to June 15, 2013;

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2.

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That the deadline for completing non-expert discovery be continued from May 1, 2013,

That the deadline for disclosing expert witnesses and reports be continued from May 1,

2013, to June 15, 2013;
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STATEMENT OF FACTS WITH RESPECT TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No: CV 11-6683 DMR

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3.

That the deadline for disclosing rebuttal expert witnesses and reports be continued from

May 15, 2013, to June 30, 2013;
4.

That the deadline for completing expert discovery be continued from May 29, 2013, to

July 14, 2013;
5.

That the parties may, as necessary, submit one supplemental joint statement of material

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facts not in dispute to accompany GTC’s response to Chiquita’s motion for summary adjudication, and

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one such statement to accompany Chiquita’s reply, under the standards set forth in Paragraph 14 of the

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Standing Order.

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SO STIPULATED.

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Dated: April 2, 2013.
LOW, BALL & LYNCH

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By
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s/ Dirk D. Larsen
MARK F. HAZELWOOD
DIRK D. LARSEN
Attorneys for Defendant
GREENE TRANSPORT COMPANY

Dated: April 2, 2013.
PHILLIPS, SPALLAS & ANGSTADT LLP

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By

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s/ Elisa R. Marcaletti
TODD A. ANGSTADT
ELISA R. MARCALETTI
Attorneys for Defendant
JOHN GREENE LOGISTICS COMPANY

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Dated: April 2, 2013.
BURNHAM BROWN

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By

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s/ Robert M. Bodzin
ROBERT M. BODZIN
RAYMOND A. GREENE, III
ALISON F. GREENE
Attorneys for Plaintiff
CHIQUITA FRESH NORTH AMERICA, L.L.C.

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STATEMENT OF FACTS WITH RESPECT TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No: CV 11-6683 DMR

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[PROPOSED] ORDER
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Pursuant to the stipulation of the parties herein, and good cause appearing therefor, it is
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HEREBY ORDERED:
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1.

That the deadline for completing non-expert discovery is continued from May 1, 2013,

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to June 15, 2013;
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2.

That the deadline for disclosing expert witnesses and reports is continued from May 1,

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2013, to June 15, 2013;
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3.

That the deadline for disclosing rebuttal expert witnesses and reports is continued from

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May 15, 2013, to June 30, 2013;
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4.

That the deadline for completing expert discovery is continued from May 29, 2013, to

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July 14, 2013;
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5.

That the parties may, as necessary, submit one supplemental joint statement of material

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facts not in dispute to accompany GTC’s response to Chiquita’s motion for summary adjudication, and
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one such statement to accompany Chiquita’s reply, under the standards set forth in Paragraph 14 of the
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Standing Order.
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IT IS SO ORDERED.
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Dated: April _ _, 2013.

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___________________________
HON. DONNA M. RYU
U.S. MAGISTRATE JUDGE

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STATEMENT OF FACTS WITH RESPECT TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
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Case No: CV 11-6683 DMR