Dobler & Sons, LLC et al v. California Organics, LLC

Filing 110

***FILED IN ERROR. PLEASE SEE DOCKET # 121 ***.ORDER re (104 in 5:10-cv-04092-LHK) Stipulation, (110 in 5:11-cv-00529-LHK) Stipulation Re: Deposition of Dan Fantz. Signed by Judge Lucy H. Koh on 11/14/11. (lhklc3, COURT STAFF) (Filed on 11/14/2011) Modified on 11/14/2011 (lhklc3, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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DOBLER & SONS LLC, ET AL.,

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Plaintiffs,
v.
CALIFORNIA ORGANICS, LLC, ET AL.,
Defendants.

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OCEANO PACKING COMPANY, ET AL.,
Plaintiffs
v.
CALIFORNIA ORGANICS LLC, ET AL.,
Defendants

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Case No.: 10-CV-4092-LHK
Related Case No.: 11-CV-0529-LHK
ORDER RE: DEPOSITION OF DAN
FANTZ
(re: dkt. #104)

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On November 4, 2011, the parties filed a stipulation requesting that the Court extend the
discovery cut-off date of October 31, 2011 to allow the deposition of Defendant Dan Fantz to take
place on or before November 18, 2011. However, pursuant to the Court’s September 7, 2011 Case
Management Order, the last day for filing of dispositive motions is November 17, 2011. See ECF
No. 92. The Court has already granted two requests pursuant to the parties’ stipulation to extend
the discovery deadline for limited discovery purposes. On October 28, 2011, the Court granted the
parties’ October 25, 2011 request to extend the cut-off deadline to November 7, 2011, which the
parties sought for the sole purpose of completing the deposition of the person most knowledgeable

Case No.: 10-CV-4092-LHK
ORDER RE: DEPOSITION OF DAN FANTZ

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of Defendant and Cross-Claimant Manjar, Inc., and which the parties represented to the Court

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would “have no effect on all other dates set in the consolidated actions.” See ECF Nos. 98, 100.

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On November 7, 2011, the Court again granted the parties’ request, dated October 31, 2011, to

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extend the discovery deadline to November 15, 2011, for the sole purpose of completing the

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deposition of Bertha Martinez, who was brought into the action by way of a Cross-Claim and

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Counterclaim filed by Defendants James Roberts, California Organics, LLC, Geoff Mousseau, Dan

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Fantz, and California Farms, Inc. on October 28, 2011. See ECF Nos. 102, 105.

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As stated in the September 7, 2011 Case Management Order, “[a]ttempts to alter pre-trial
deadlines by stipulation will be considered violations of this discovery order.” ECF No. 92. As a

United States District Court
For the Northern District of California

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general matter, the Court will not reset hearing or trial dates, absent a showing of extraordinary

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circumstances. Because the parties’ request implicitly seeks to modify the November 17, 2011

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deadline for the filing of dispositive motions, the Court denies the request to extend the discovery

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cut-off to November 18, 2011. However, because the Court has already extended the discovery

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cut-off to November 15, 2011 to allow for the deposition of another party, the Court will also

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extend the discovery cut-off to November 15, 2011 for the sole purpose of completing the

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deposition of Mr. Fantz. No other deadlines shall be altered by this Order.

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IT IS SO ORDERED.

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Dated: November 14, 2011

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Case No.: 10-CV-4092-LHK
ORDER RE: DEPOSITION OF DAN FANTZ

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LUCY H. KOH
United States District Judge