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

Filing 85

Order by Magistrate Judge Donna M. Ryu granting 84 Stipulation.(dmrlc2, COURT STAFF) (Filed on 8/14/2013)

Case4:11-cv-06683-DMR Document84 Filed08/14/13 Page1 of 4

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Robert M. Bodzin, CASB# 201327
Raymond A. Greene, III, CASB# 131510
Alison F. Greene, CASB# 148309
BURNHAM BROWN
A Professional Law Corporation
P.O. Box 119
Oakland, California 94604
1901 Harrison Street, 14th Floor
Oakland, California 94612
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff
CHIQUITA FRESH NORTH AMERICA, L.L.C.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHIQUITA FRESH NORTH AMERICA,
L.L.C.,

No. C-11-06683-DMR
STIPULATION AND [PROPOSED]
ORDER TO EXTEND EXPERT
DEPOSITION DEADLINES

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Plaintiff,
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v.
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GREENE TRANSPORT COMPANY; JOHN
GREENE LOGISTICS COMPANY; and
DOES 1 through 20, inclusive,

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Defendants.
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RECITALS

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1. On June 26, 2013 (in Docket Item No. 77), this Court set the following schedule for

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expert discovery: Plaintiff’s expert disclosure and report due July 15, 2013 and completion of

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expert discovery on September 12, 2013;

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2. Since that time, Plaintiff served its rebuttal expert disclosure report on July 15, 2013 on

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the subject of its alter ego claim against Defendant John Greene Logistics Company (JGLC).

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Collectively there are three experts (two for JGLC and one for Plaintiff) on the subject of this
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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEPOSITION
DEADLINES

No. C-11-06683-DMR

Case4:11-cv-06683-DMR Document84 Filed08/14/13 Page2 of 4

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alter ego claim. The only remaining expert discovery needed is for these three experts to be

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deposed.

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3. For the past month, counsel for Plaintiff and JGLC have been working on the briefs

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(respectively) in support and in opposition to Plaintiff’s Motion for Contract Damages (Docket

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Item No. 72) that was originally set for hearing on August 22, 2013, but recently continued by

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the Court to October 10, 2013 (Docket Item No. 83).

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4. Simultaneously, counsel for Plaintiff and JGLC have been working to assist their

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respective Florida counterparts in the Greene/Holtzapple wrongful death litigation with their

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mediation set to take place on August 19, 2013.
5. Given the activity on this case and the fact that our current expert deposition deadlines

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require us to complete expert depositions in the next few weeks, counsel for Plaintiff and JGLC

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join in this request for a continuance of the expert deposition deadline to November 8, 2013.

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6. Given the current trial date of April 28, 2014 (set at the June 20, 2013 Case Management

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Conference), Plaintiff and JGLC respectfully submit that this continuance will not interfere with

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any existing dates in this case or with the schedule for pre-trial submissions.
7. Although counsel for Defendant Greene Transport Company is not presenting or

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deposing these experts, he joins in this request;

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8. Based on the foregoing, all parties believe there is good cause to continue the deadline

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for completion of expert depositions from September 12, 2013 to November 8, 2013;
Accordingly, the parties HEREBY STIPULATE as follows:

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STIPULATION

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1. The deadline for completion of expert depositions from September 12, 2013 to

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November 8, 2013.

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///

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEPOSITION
DEADLINES

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DATED: August 14, 2013
BURNHAM BROWN

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By:
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/s/
ROBERT M. BODZIN
RAYMOND A. GREENE, III
ROBERT M. BODZIN
Attorneys for Plaintiff
CHIQUITA FRESH
NORTH AMERICA, L.L.C.

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DATED: August 14, 2013

LOW BALL & LYNCH

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By:

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

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DATED: August 14, 2013

PHILLIPS, SPALLAS & ANGSTADT

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By:

/s/
TODD ANGSTADT
ELISA RHEIN MARCALETTI
Attorneys for Defendant
JOHN GREENE LOGISTICS COMPANY

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEPOSITION
DEADLINES

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[PROPOSED] ORDER

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1. The deadline for completion of expert depositions from September 12, 2013 to
November 8, 2013.
IT IS SO ORDERED.
DATED: August 14, 2013
_______________________________________
DONNA M. RYU
United States Magistrate Judge

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4827-8768-4885, v. 1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND EXPERT DEPOSITION
DEADLINES

No. C-11-06683-DMR