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).

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Daniel G. Lamb (SBN 101685)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
502 West Broadway, Suite 1100
San Diego, CA 92101-3575
Telephone:
[phone]
Facsimile:
[phone]
Richard H. Zaitlen (SBN 63283)
[e-mail]
Bobby A. Ghajar (SBN 198719)
[e-mail]
Marcus D. Peterson (SBN 265339)
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
ANHEUSER-BUSCH, INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED BRANDS COMPANY, INC.,

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Plaintiff,
v.

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ANHEUSER-BUSCH, INC.,

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Defendant.

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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

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Plaintiff United Brands Company, Inc. (“UBC”) and Defendant Anheuser-Busch,

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Inc. (“A-B”) file this Joint Motion to Extend Rule 26 Compliance and Case Management

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Conference deadlines due to the appearance of new counsel for A-B and the need to

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complete the transition to new counsel through the upcoming holiday season.

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Case No. 10-cv-2281-AJB (WMc)

JOINT MOTION TO EXTEND RULE 26 COMPLIANCE
AND CASE MANAGEMENT CONFERENCE
DEADLINES

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Pursuant to the November 28, 2011 Order setting Rule 26 compliance and case

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management conference deadlines (Dkt. 49), and as set forth in the table below, the parties

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have upcoming deadlines to lodge a discovery plan, serve initial disclosures, and appear for

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a Settlement/Case Management Conference.

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For the reasons explained below, A-B proposes, and UBC is amenable to, a new

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schedule as follows:

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Event

Current Dates

Proposed Dates

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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

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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

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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

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is good cause for an approximate three-week continuance of the 26(f) conference, discovery

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plan, initial disclosure dates, and Case Management Conference.

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The parties submit that they have been diligent in taking all steps necessary to
comply with the Court’s deadlines.

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DATED: December 23, 2011

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Respectfully submitted,
DANIEL G. LAMB, JR
San Diego Office
501 West Broadway, Suite 1100
San Diego, CA 92101

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RICHARD H. ZAITLEN
BOBBY A. GHAJAR
MARCUS D. PETERSON
Los Angeles Office
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406

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By /s/ Bobby A. Ghajar
Attorneys for Defendant
ANHEUSER-BUSCH, INC.

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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

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By: /s/ Nancy O. Dix_______________________
Attorneys for Plaintiff
UNITED BRANDS COMPANY, INC.

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Case No. 10-cv-2281-AJB (WMc)

JOINT MOTION TO EXTEND RULE 26 COMPLIANCE
AND CASE MANAGEMENT CONFERENCE
DEADLINE

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CERTIFICATE OF SERVICE

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I hereby certify that on December 23, 2011, I served the above Joint Motion to

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Extend Rule 26 Compliance and Case Management Conference Deadlines via the Court’s

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ECF system to:

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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: [phone]
Fax: [phone]
I declare that I am employed by a member of the bar of this Court, at whose
direction this service was made.

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Dated: December 23, 2011

/s/ Bobby A. Ghajar

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Case No. 10-cv-2281-AJB (WMc)
JOINT MOTION TO EXTEND RULE 26 COMPLIANCE
AND CASE MANAGEMENT CONFERENCE
DEADLINE

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