Kenney v. Fruit of the Earth, Inc. et al

Filing 36

ORDER Modifying Second Scheduling Order [ECF No. 35 ] Case Management Conference set for 7/7/2022 11:00 AM before Magistrate Judge Michael S. Berg. Final Pretrial Conference set for 3/8/2023 08:30 AM before Judge Jinsook Ohta. Signed by Magistrate Judge Michael S. Berg on 5/10/2022. (axc)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ANN KENNEY,

Case No.: 21cv1016-JO (MSB)
Plaintiff,

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v.

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ORDER MODIFYING SECOND
SCHEDULING ORDER
[ECF NO. 35]

FRUIT OF THE EARTH, INC., et al.

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Defendants.

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On May 10, 2022, the parties filed a “Joint Motion to Modify Second

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Scheduling Order.” (ECF No. 35.) In the joint motion, the parties agree and ask the

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Court for “a short, approximately 3-week continuance, of [discovery and dispositive

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motion] dates in the Second Scheduling Order” [ECF No. 32]. (Id. at 3.) In support

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of this request, the parties submit Plaintiff’s counsel’s declaration, detailing the

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parties’ diligent efforts to complete party depositions within the approximately two

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months provided in the Court’s Second Scheduling Order, issued on March 16,

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2022. (ECF No. 35-1 at 4-5.) Counsel states that the parties agree the requested

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three-week continuance is necessary to permit the fair and efficient completion of

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fact and expert discovery and to provide a fair trial. (Id. at 5.)

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ORDER MODIFYING SECOND SCHEDULING ORDER

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The Court, having considered the parties’ joint motion and finding good

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cause for the requested modification, GRANTS the joint motion. Additionally, to

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minimize the risk that the parties will encounter pretrial deadlines prior to a ruling

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on any dispositive motions, the Court sua sponte CONTINUES the pretrial dates

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by approximately three weeks. The Court therefore MODIFIES the dates in the

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Second Scheduling Order [ECF No. 32] as follows:

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Event

Date in Second
Scheduling Order
[ECF No. 32]
Fact Discovery Cut-Off
May 16, 2022
Case Management Conference
June 16, 2022,
11:00 a.m.
Expert Designations
June 16, 2022
Rebuttal Expert Designations
June 30, 2022
Expert Reports
July 29, 2022
Rebuttal Expert Reports
August 12, 2022
Expert Discovery Cut-Off
September 12, 2022
Deadline
to
File
Pre- October 12, 2022
Trial/Daubert and Dispositive
Motions
Mandatory
Settlement January 11, 2023
Conference (“MSC”)
MSC Briefs Due
January 4, 2023
Pretrial Disclosures
January 18, 2023
Memoranda of Contentions
January 18, 2023
Meeting of Counsel
January 25, 2023
Proposed PTO to Opposing February 1, 2023
Counsel
PTO Lodging
February 8, 2023
Final Pretrial Conference
February 15, 2023,
8:30 a.m.

New Date
June 6, 2022
July 7, 2022,
11:00 a.m.
July 7, 2022
July 21, 2022
August 19, 2022
September 2, 2022
October 3, 2022
November 2, 2022
No change
No change
February 1, 2023
February 8, 2023
February 15, 2023
February 22, 2023
March 1, 2023
March 8, 2023,
8:30 a.m.

IT IS SO ORDERED.
Dated: May 10, 2022

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ORDER MODIFYING SECOND SCHEDULING ORDER