United Brands Company, Inc. v. Anheuser-Bush, Inc.

Filing 51

Joint MOTION to Extend Rule 26 Compliance and Case Management Conference Deadlines by Anheuser-Busch, Inc., United Brands Company, Inc.. (Attachments: # 1 Declaration of Bobby Ghajar in Support of Motion to Extend Rule 26 Compliance and Case Management Conference Deadlines)(Ghajar, Bobby) (lmt).

Download PDF
1 2 3 4 5 6 7 8 9 10 11 Daniel G. Lamb (SBN 101685) Daniel.lamb@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 502 West Broadway, Suite 1100 San Diego, CA 92101-3575 Telephone: (619) 234-5000 Facsimile: (619) 236-1995 Richard H. Zaitlen (SBN 63283) Daniel.lamb@pillsburylaw.com Bobby A. Ghajar (SBN 198719) Bobby.ghajar@pillsburylaw.com Marcus D. Peterson (SBN 265339) Marcus.peterson@pillsburylaw.com PILLSBURY WINTHROP SHAW PITTMAN LLP 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 Telephone: (213) 488-7100 Facsimile: (213) 629-1033 Attorneys for Defendant ANHEUSER-BUSCH, INC. 12 13 UNITED STATES DISTRICT COURT 14 SOUTHERN DISTRICT OF CALIFORNIA 15 16 UNITED BRANDS COMPANY, INC., 17 18 Plaintiff, v. 19 20 ANHEUSER-BUSCH, INC., 21 Defendant. 22 ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 10-CV-2281-AJB (WMc) Hon. Anthony J. Battaglia Courtroom A Magistrate Judge William McCurine, Jr. JOINT MOTION TO EXTEND RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE DEADLINES 23 24 Plaintiff United Brands Company, Inc. (“UBC”) and Defendant Anheuser-Busch, 25 Inc. (“A-B”) file this Joint Motion to Extend Rule 26 Compliance and Case Management 26 Conference deadlines due to the appearance of new counsel for A-B and the need to 27 complete the transition to new counsel through the upcoming holiday season. 28 Case No. 10-cv-2281-AJB (WMc) JOINT MOTION TO EXTEND RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE DEADLINES 1 Pursuant to the November 28, 2011 Order setting Rule 26 compliance and case 2 management conference deadlines (Dkt. 49), and as set forth in the table below, the parties 3 have upcoming deadlines to lodge a discovery plan, serve initial disclosures, and appear for 4 a Settlement/Case Management Conference. 5 For the reasons explained below, A-B proposes, and UBC is amenable to, a new 6 schedule as follows: 7 Event Current Dates Proposed Dates 8 Complete Rule 26(f) Conference Lodge Discovery Plan December 22, 2011 January 27, 2012 January 9, 2012 February 3, 2012 Serve Initial Disclosures pursuant to Rule 26(a)(1)(AD) Settlement/Case Management Conference before Magistrate Judge McCurine, Jr. January 13, 2012 February 6, 2012 January 20, 2012 February 10, 20121 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A-B just retained new counsel in this matter, Pillsbury Winthrop Shaw Pittman LLP. The Pillsbury attorneys do not yet have access to former counsel’s records, which are in the process of being transferred. A-B’s new counsel requires time to review and have a meaningful opportunity to prepare a discovery plan and initial disclosures, and to prepare for the settlement/case management conference. See Declaration of Bobby Ghajar in Support of Joint Motion to Extend Rule 26 Compliance and Case Management Deadlines (“Ghajar Decl.”), ¶2. The need for an extension is heightened because of the forthcoming holiday season, including the unavailability of A-B employees because A-B’s office are closed until January 4, 2012. Id. at ¶3. Thus, as proposed above, the parties believe there 24 25 1 26 27 28 In the event the Court is unavailable for the Case Management Conference on February 10, due to pending pretrial obligations, a pretrial conference, and a two week jury trial in the Central District of California for which the undersigned is lead counsel, A-B’s counsel would be unavailable for a Case Management Conference until March 19, 2011 because of conflicts with that case. Id. at ¶4-5. Case No. 10-cv-2281-AJB (WMc) JOINT MOTION TO EXTEND RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE DEADLINE -2- 1 is good cause for an approximate three-week continuance of the 26(f) conference, discovery 2 plan, initial disclosure dates, and Case Management Conference. 3 4 The parties submit that they have been diligent in taking all steps necessary to comply with the Court’s deadlines. 5 6 DATED: December 23, 2011 7 Respectfully submitted, DANIEL G. LAMB, JR San Diego Office 501 West Broadway, Suite 1100 San Diego, CA 92101 8 9 10 RICHARD H. ZAITLEN BOBBY A. GHAJAR MARCUS D. PETERSON Los Angeles Office 725 South Figueroa Street, Suite 2800 Los Angeles, CA 90017-5406 11 12 13 By /s/ Bobby A. Ghajar Attorneys for Defendant ANHEUSER-BUSCH, INC. 14 15 16 Nancy O. Dix Brian L. Behmer Cristina D. Yates Christopher J. Beal DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, CA 92101-4297 17 18 19 20 21 By: /s/ Nancy O. Dix_______________________ Attorneys for Plaintiff UNITED BRANDS COMPANY, INC. 22 23 24 25 26 27 28 Case No. 10-cv-2281-AJB (WMc) JOINT MOTION TO EXTEND RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE DEADLINE -3- 1 CERTIFICATE OF SERVICE 2 I hereby certify that on December 23, 2011, I served the above Joint Motion to 3 Extend Rule 26 Compliance and Case Management Conference Deadlines via the Court’s 4 ECF system to: 5 6 7 8 9 10 11 12 Nancy O. Dix Brian L. Behmer Cristina D. Yates Christopher J. Beal DLA PIPER LLP (US) 401 B Street, Suite 1700 San Diego, CA 92101-4297 Telephone: (619) 699-2700 Fax: (619) 699-2701 I declare that I am employed by a member of the bar of this Court, at whose direction this service was made. 13 14 Dated: December 23, 2011 /s/ Bobby A. Ghajar 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 10-cv-2281-AJB (WMc) JOINT MOTION TO EXTEND RULE 26 COMPLIANCE AND CASE MANAGEMENT CONFERENCE DEADLINE -4-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?