Trailblazer Food Products, Inc. v. Silgan White Cap LLC

Filing 32

ORDER and OPINION - Trailblazer's motion 23 to compel is DENIED. Trailblazer's oral motion that Silgan produce the objecting customer's PSR is GRANTED. IT IS SO ORDERED. DATED this 30th day of November, 2017, by United States Magistrate Judge John V. Acosta. (Attachments: (1) Attachment, (2) Attachment, (3) Attachment, (4) Attachment) (peg)

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Fw: Trailblazer Foods v. Silgan, US Dist Case No. 3:17-cv-00417-AC [IWOV-pdx.FID3901814] Paul Gale r=rorn: -i·o: 1:~··. -- I"' lo: John Acosta 10/19/2017 03:38 PM Paul Gale/ORD/09/USCOURTS John Acosta/ORD/09/USCOURTS@USCOURTS, -.-"- ··------"""-·--- -------------------------·--- ------------- ----------------·----··-------·Paul Gale Fw: Trailblazer Foods v. Silgan, US Dist Case No. 3:17-cv-00417-AC [IWOV --·------·----~-----------· I FYI Paul Gale, Courtroom Deputy, US District Court, 503-326-8056 ----- Fmwarded by Paul Gale/ORD/09/USCOURTS on 10/19/2017 03:37 PM----Fron1: To: Cc: Date: Subject: "Anderson, Dave" <DAnderson@SCHWABE.com> "'Paul_Gale@ord.uscourts.gov"' <Paul_Gale@ord.uscourts.gov> "Parker, Christopher" <cparker@davisrothwell.com>, "Gibson, Debbie" <DGibson@SCHWABE.com>, "Parker, Joel" <JParker@SCHWABE.com>, "'Xochihua, Paul R."' <PXOCHIHUA@davisrothwell.com>, "Crawford, Selma I."<SCrawford@SCHWABE.com> 10/19/2017 03:35 PM RE: Tr."!l~l~:"".~!'.?~~~".::.~il~."~'.~.~.~ist C~!!!~2.1.z:::!:.°.°-~.~~±-~.~:":'..<?.\/:P,?.";.~l~~8-!~L.......... . • Mr. Gale: Thank you for confirming the phone call with Judge Acosta next week. At the call, we will request that the discovery and ADR reporting deadline be extended a month. And based on your email, we anticipate that won't be an issue for the Judge and that Tuesday's call will be more focused on the parties' current discovery issue. If I've misunderstood you or got that wrong please let me know. Assuming my assumption above is correct, I wanted to frame the general issue for Judge Acosta so that he would have an idea as to what Trailblazer is seeking. In short, there are a number of documents that defendant Silgan has produced in redacted form. Trailblazer has requested that these documents, and additional documents responsive to Trailblazer's request for production, be produced without redaction. Counsel for Silgan has indicated that Silgan is concerned that producing these materials may violate various nondisclosure agreements that it has signed with its customers. On this basis, Silgan has withheld production and is seeking to obtain permission from its customers before releasing the documents. Trailblazer is requesting an order requiring production of those documents. Schwabe Williamson & Wyatt Dave Anderson Direct: 503-796-2456 Cell: 503-313-7801 danderson@schwabe.com Ideas fuel industries. Learn more at: www.schwabe.com From: Paul_Gale@ord.uscourts.gov [mailto:Paul_Gale@ord.uscourts.gov] Sent: Tuesday, October 17, 2017 3:05 PM To: Anderson, Dave <DAnderson@SCHWABE.com> Cc: Parker, Christopher <cparker@davisrothwell.com >; Gibson, Debbie <DGibson@SCHWABE.com>; Parker, Joel <JParker@SCHWABE.com>; 'Xochihua, Paul R.'<PXOCHIHUA@davisrothwell.com>; Crawford, Selma I. <SCrawford@SCHWABE.com> Subject: Re: Trailblazer Foods v. Silgan, US Dist Case No. 3:17-cv-00417-AC [IWOV-pdx.FID3901814] Also, just request the discovery extension at that time and it will be granted unless you want to file an unopposed motion now. Paul Gale, Courtroom Deputy, US District Court, 503-326-8056 Fron1: "Anderson, Dave" <DAnderson@SCHWABE.com> "'Paul_Gale@ord.uscourts.gov"' <Paul Gale@ord.uscourts.gov> Cc: "Parker, Joel" <JParker@SCHWABE.com>, '"Xochihua, Paul R."' <PXOCHIHUA@davisrothwell.com>, "Parker, Christopher" <coarker@davisrothwell.com>, "Crawford, Selma I."<SCrawford@SCHWABE.com>, "Gibson, Debbie"< To: DGibson@SCHWABE.com> Date: Subject 10/17/2017 02:18 PM Trailblazer Foods v. Silgan, US Dist Case No. 3:17-cv-00417-AC [IWOV-pdx.FID3901814] Mr. Gale, On behalf of the plaintiff in this matter, we would like to schedule a phone call with Judge Acosta regarding two issues. First, the parties would like to extend the discovery cut off for a month. The discovery deadline is currently set for October 20. Second, plaintiff is requesting court assistance to resolve a document production issue. I anticipate that the call would take no more than 15 minutes. Is the Judge available for a call? Schwabe Williamson & Wyatt Dave Anderson Direct: 503-796-2456 Cell: 503-313-7801 danderson@schwabe.com Ideas fuel industries. Learn more at: www.schwabe.com NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. NOTICE: This email may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies.

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