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: [phone]; Fax: [phone]
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: [phone]; Fax: [phone]
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:
1.

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.

3.

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