Sanchez Y Martin, S.A. DE C.V. v. Dos Amigos, Inc. et al

Filing 119

ORDER Granting in Part 118 Sanchez Y Martin, S.A. DE C.V.'s Ex Parte Application to Amend the Pretrial Order. The Court will hear argument on Plaintiff's motion in limine to exclude at trial the allegations, claims and theories th at were not pled by Defendant Dos Amigos, Inc. in its counterclaim on 8/22/2019 at 12:15 p.m. in Courtroom 14A. Plaintiff's moving brief must be filed by 8/1/2019. Oppositions are due 8/15/2019. No replies are to be filed. Signed by Chief Judge Larry Alan Burns on 7/31/2019. (jdt)

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UNITED STATES DISTRICT COURT

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FOR THE SOUTHERN DISTRICT OF CALIFORNIA

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11 SANCHEZ Y MARTIN, S.A. DE C.V.,

Case No. 3:17-cv-01943-LAB-LL

Plaintiff,

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Hon. Larry A. Burns

13 v.

ORDER GRANTING IN PART
PLAINTIFF AND COUNTERDEFENDANT SANCHEZ Y
MARTIN, S.A. DE C.V.’S EX
PARTE APPLICATION TO
AMEND THE PRETRIAL ORDER

14 DOS AMIGOS, INC., a California
corporation F.K.A. DOS AMIGOS
15 DISTRIBUTORS, INC., and PABLO
PAOLI, an individual,
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Defendants.
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Trial Date:

18 DOS AMIGOS, INC., a California
corporation,
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Counter-claimant,
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v.
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SANCHEZ Y MARTIN, S.A. DE C.V.,
22 a stock company of Jalisco, Republic of
Mexico; and ROES 1 through 20,
23 inclusive,
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September 24, 2019

Counter-defendants.

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ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO AMEND THE PRETRIAL ORDER

CASE NO. 3:17-CV-01943-LAB-LL

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The Court having reviewed and considered Plaintiff and Counter-defendant

2 Sanchez y Martin, S.A. de C.V.’s (“Plaintiff”) ex parte application to amend the
3 Pretrial Order (ECF No. 115), and finding good cause to grant the relief requested,
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IT IS ORDERED that the Pretrial Order is amended as follows:

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Section III-C is amended to add the following:

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1.

The parties shall exchange their respective proposed stipulated facts by

7 August 20, 2019;
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2.

The parties shall meet and confer in person about their respective

9 proposed stipulated facts by August 27, 2019; and
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3.

The parties shall exchange their respective explanations regarding why

11 facts should not be stipulated to, and objections to the other party’s proposed stipulated
12 facts by September 3, 2019
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Section IV-B is amended to add the following:

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1.

The parties shall exchange their respective list of documents that were

15 marked confidential prior to this litigation by August 15, 2019.
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Section IV-D is amended to add the following:

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1.

The parties shall exchange their respective exhibits they intend to

18 introduce at trial, highlighting important excerpts of those exhibits by September 5,
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2.

The parties shall meet and confer in person to resolve any outstanding

21 issues relating to the final joint exhibit list by September 12, 2019.
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Section III-A is amended to add the following:

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1.

The Court will hear argument on Plaintiff’s motion in limine to exclude

24 at trial the allegations, claims and theories that were not pled by Defendant Dos
25 Amigos, Inc. in its counterclaim on August 22, 2019 at 12:15 p.m. in Courtroom 14A.
26 Plaintiff’s moving brief must be filed by August 1, 2019. Oppositions are due August
27 15, 2019. No replies are to be filed. The parties’ briefs for this third motion in limine
28 must not exceed 10 pages.
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ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO AMEND THE PRETRIAL ORDER

CASE NO. 3:17-CV-01943-LAB-LL

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All orders set forth in the Pretrial Order not modified hereby remain in force

2 and effect.
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IT IS SO ORDERED.

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DATED: July 31, 2019
Honorable Larry A. Burns
Chief United States District Judge

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ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO AMEND THE PRETRIAL ORDER

CASE NO. 3:17-CV-01943-LAB-LL