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

Filing 62

Joint MOTION to Continue Pretrial Dates by United Brands Company, Inc. (Attachments: # 1 Declaration of Brian Behmer, # 2 Proof of Service)(Behmer, Brian) (s/ does not match login, email sent to atty) (cge).

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NANCY O. DIX (Bar No. 129150)
BRIAN L. BEHMER (Bar No. 156978)
CHRISTINA D. YATES (Bar No. 201748)
CHRISTOPHER J. BEAL (Bar No. 216579)
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]

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Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff
UNITED BRANDS COMPANY, 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.,

CASE NO. 10-cv-2281-AJB (KSC)

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Plaintiff,
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v.

DECLARATION OF BRIAN BEHMER IN
SUPPORT OF JOINT MOTION TO
CONTINUE SCHEDULED DATES

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ANHEUSER-BUSCH, INC.,
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District Judge:
Hon. Anthony J. Battaglia
Magistrate Judge: Hon. Karen S. Crawford

Defendant.
Complaint: November 4, 2010

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I, Brian Behmer, declare as follows:

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1.

I am the attorney for plaintiff, UNITED BRANDS COMPANY, INC. I have

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personal knowledge of each of the facts set forth in this declaration and if required, could and

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would competently testify thereto.

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2.

The parties last appeared before the Court on February 10, 2012, for a

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Settlement/Case Management Conference. When the case did not settle on that date, Magistrate

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Judge McCurine strongly encouraged the parties to continue a settlement dialogue. The parties

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participated in mediation on April 25, 2012, before the Hon. Leo S. Papas (Ret.). The parties

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submitted supplemental briefing, and remain engaged in additional settlement discussions with

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DLA P IPER LLP (US)
SAN DIEGO

-1WEST\233455340.1

10-CV-2281-AJB (KSC)

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the assistance of Judge Papas. Judge Papas has recommended that the parties obtain an extension

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of pending written discovery obligations and pretrial dates with the Court to facilitate the

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settlement discussions.

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3.

I have conferred with counsel for A-B and Judge Papas, and we agree that the

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requested extension would permit the parties to engage in further settlement discussions without

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incurring significant costs, feees, and fees associated with discovery.

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4.

United Brands’ discovery responses are currently due on June 15, 2012, and A-B’s

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are due on July 8, 2012, thereby requiring the parties to expend considerable time and resources

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on responding to discovery and document production, including electronic discovery, while the

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parties are continue to mediate. I have conferred with counsel for A-B, and we have most

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recently agreed to continue the discovery deadlines for two weeks; however, a modest

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continuance of the pretrial dates is necessary to accommodate such a discovery deadline

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continuance.

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5.

I understand that counsel for A-B and our office agree wth Judge Papas’s

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assessment that the significant expenditures of resources and efforts in discovery resposnes and

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document production will likely make settlement more difficult in this case.

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6.

This is the second request to continue pretrial dates, and the first joint motion to

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continue pretrial dates. The original request was sought in connection with the setting of the

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mediation to coordinate with Judge Papas’s schedule.

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I declare under penalty of perjury under the laws of the state of California and the United

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States of America that the foregoing is true and correct. Executed this 15th day of June, 2012 at

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San Diego, California.

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Dated: June 15, 2012

DLA PIPER LLP (US)

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By: s/Brian L. Behmer
BRIAN L. BEHMER
[e-mail]
Attorneys for Plaintiff
UNITED BRANDS COMPANY, INC.

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DLA P IPER LLP (US)
SAN DIEGO

-2WEST\233455340.1

10-CV-2281-AJB (KSC)