Areas USA SJC, LLC v. Mission San Jose Airport, LLC et al
Filing
157
STIPULATION AND ORDER granting partial relief from Standing Order Re: Pretrial Preparation. Signed by Magistrate Judge Howard R. Lloyd on December 11, 2012. (hrllc1, COURT STAFF) (Filed on 12/11/2012)
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MERYL MACKLIN (SBN 115053)
DANIEL T. ROCKEY (SBN 178604)
BRYAN CAVE LLP
560 Mission Street, 25th Floor
San Francisco, California 94105
Tel: (415) 268-2000; Fax: (415) 268-1999
E-mail: Daniel.Rockey@bryancave. com
*E-FILED: December 11, 2012*
Attorneys for Defendants,
MISSION SAN JOSE AIRPORT, LLC,
AND MISSION YOGURT, INC.
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SCOTT D. BERTZYK (SBN 116449)
DENISE M. MAYO (SBN 275561)
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, California 90067
Tel: (310) 586-7700; Fax: (310) 586-7800
E-mail: BertzykS@gtlaw. com
Attorneys for Plaintiff,
AREAS USA SJC, LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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AREAS USA SJC, LLC, a California limited
liability company,
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Plaintiff,
vs.
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MISSION SAN JOSE AIRPORT, LLC, a
Colorado limited liability corporation; and
MISSION YOGURT, INC., a Colorado
corporation,
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CASE NO. Cll-04487 HRL
JOINT STIPULATION REQUESTING
PARTIAL RELIEF FROM STANDING
ORDER RE: PRETRIAL PREPARATION
AND ORDER (AS MODIFIED BY THE COURT)
Defendants.
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Complaint filed: September 9, 2011
Trial Date:
January 7, 2013
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Magistrate Judge: Hon. Howard Lloyd
and related Counterclaim.
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HROSAF\82823.2
JOINT STIPULATION FOR PARTIAL RELIEF FROM STANDING ORDER RE:
PRETRIAL PREPARATION
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STIPULATION
The
parties
to
this
action,
Plaintiff
Areas
USA
SJC,
LLC
("Areas")
and
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Defendants/Counterclaimants Mission San Jose Airport, LLC and Mission Yogurt, Inc. (collectively
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"Mission"), by and through their counsel of record, hereby stipulate and agree as follows:
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WHEREAS the Court's Standing Order re: Pretrial Preparation provides that fourteen days
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prior to the Pretrial Conference the parties shall submit a Joint Pretrial Statement which includes,
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among other things, a list of all documents and other items to be offered as exhibits at trial, other
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than solely for impeachment or rebuttal, and that "the parties must have agreed on an allocation of
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exhibit numbers which will avoid duplicate numbers;"
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WHEREAS, the parties agreed upon an allocation of exhibit numbers that preserved existing
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deposition exhibit numbers (which had been numbered consecutively), and assigned additional
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number ranges to each side;
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WHEREAS, Mission's exhibit list inadvertently failed to list those previously marked
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deposition exhibits Mission might offer at trial, and simply listed those new exhibits, not previously
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marked as deposition exhibits, that Mission might offer at trial;
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WHEREAS, Mission has requested that Areas stipulate Mission may amend its exhibit list to
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add these inadvertently omitted exhibits and Areas is willing to so stipulate provided that it be
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allowed sufficient time to evaluate Mission's amended list and assert appropriate objections to the
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added exhibits (to which Mission is amenable);
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THEREFORE, the parties hereby stipulate that, so long as this Court is amenable, partial
relief from the Court's Standing Order re: Pretrial Preparation shall be granted as follows:
Mission may submit an Amended Exhibit List on December 10, 2012, identifying
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those exhibits previously marked as deposition exhibits that were inadvertently omitted from its
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exhibit list and, as to such exhibits, providing all the additional information required by the Court's
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Standing Order; and
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2.
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added exhibits.
Areas shall have until December 17, 2012, to submit its objections to any of the
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JOINT STIPULATION FOR PARTIAL RELIEF FROM STANDING ORDER RE:
PRETRIAL PREPARATION
HROSAF\82823.2
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3.
Except as so agreed, all other aspects of the Court's Standing Order as to exhibits
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shall remain unchanged.
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IT IS SO STIPULATED.
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Dated: December 10, 2012
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BRYAN CAVE, LLP
By:
Is/ Daniel T. Rockey
Daniel T. Rockey
Attorneys for Defendants and Counter-Claimants
MISSION SAN JOSE AIRPORT, LLC and
MISSION YOGURT, INC.
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Dated: December 10,2012
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GREENBERG TRAURIG, LLP
Is/ Scott D. Bertzyk
Scott D. Bertzyk
Attorneys for Plaintiff and Counter-Defendant,
AREAS USA SJC, LLC
By:
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JOINT STIPULATION FOR PARTIAL RELIEF FROM STANDING ORDER RE:
PRETRIAL PREPARATION
HROSAF\82823.2
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ATTESTATION CLAUSE
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I, Daniel Rockey, am the ECF User whose ID and password are being used to file this JOINT
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STIPULATION REQUESTING PARTIAL RELIEF FROM STANDING ORDER RE: PRETRIAL
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PREPARATION. In compliance with General Order 45, X. B., I hereby attest that Scott Bertzyk has
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concurred in this filing.
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Date: December 10, 2012
BRYAN CAVE LLP
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By: /s/ Daniel T Rockey
Daniel T. Rockey
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HROSAF\82823.2
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JOINT STIPULATION FOR PARTIAL RELIEF FROM STANDING ORDER RE:
PRETRIAL PREPARATION
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ORDER
Based upon the foregoing, and good cause appearing therefor, IT IS HEREBY ORDERED
as follows:
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Mission may submit an Amended Exhibit List on December 10, 2012, identifying
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those exhibits previously marked as deposition exhibits that were inadvertently omitted from
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Mission's exhibit list and, as to such exhibits, providing all the additional information required by
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the Court's Standing Order; and
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2.
December 14, 2012
Areas shall have until December 17, 2012, to submit its objections to any of the
added exhibits.
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Except as so ordered, all other aspects of the Court's Standing Order as to exhibits
shall remain unchanged.
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December 11, 2012
DATED: _ _ _ _ _ __
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Magistrate Judge Howard R. Lloyd
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HROSAF\82823.2
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JOINT STIPULATION FOR PARTIAL RELIEF FROM STANDING ORDER RE:
PRETRIAL PREPARATION
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