Vaqueria Tres Monjitas, Inc. et al v. Ramirez et al

Filing 1726

ORDER denying 1722 Motion for Reconsideration. See Order for further details. IT IS SO ORDERED. Signed by Judge Daniel R. Dominguez on 10/13/2010. (JAM)

Vaqueria Tres Monjitas, Inc. et al v. Ramirez et al

Doc. 1726

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO VAQUERIA TRES MONJITAS, INC. and SUIZA DAIRY, INC., Civil No. 04-1840 (DRD) Plaintiffs, JAVIER RIVERA AQUINO, in his official capacity, as the Secretary of the Department of Agriculture for the Commonwealth of Puerto Rico, and CYNDIA E. IRIZARRY, in his official capacity, as Administrator of the Office of the Milk Industry Regulatory Administration for the Commonwealth of Puerto Rico, Defendants.

ORDER Pending before the Court is a Motion for Partial Reconsideration of Order, Dkt. No. 1721 filed by Suiza Dairy, Inc. ("Suiza"), Docket No. 1722. It appears that Suiza has misread or misinterpreted the Order of the Court of October 8, 2010, Docket No. 1721. The Court accepts that the word "noted" may have caused confusion. Indeed, the Order of October 8, 2010 was triggered by Suiza's Motion in Compliance with Order, Dkt. No. 1705, and in Opposition to PRDFA's Dkt. No. 1707, Docket No. 1709. The Order of October 8, 2010, reads as follows, in its pertinent part, ¶ 6: The parties [Suiza included] shall meet sometime between October 13, 2010 through October 19, 2010, that is, prior to the hearing set for October 20, 2010. The parties shall be ready to report on their meeting with their respective experts, and be prepared with proposed recommendations to the Court on Regulation No. 12. The Court affirms its Order of October 13, 2010, as stated in ¶ 3: The Court, however, understands that at some point in this litigation, all the parties in interest must meet, in good faith, with their

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respective experts in order to reach an agreement as to all pending matters in this case. In view of the foregoing, the Court "noted" Suiza's motion, Docket No. 1709, and ordered the parties [all parties] to meet [with their experts, see ¶¶ 3, 6], sometime between October 13, 2010 and October 19, 2010, and be ready to report to the Court at the hearing set for October 20, 2010.1 Furthermore, the parties and their experts are hereby ordered to make all the necessary arrangements and to meet prior to the hearing of October 20, 2010. Suiza's Motion for Partial Reconsideration of Order, Dkt. No. 1721, Docket No. 1722 is denied. IT IS SO ORDERED. In San Juan, Puerto Rico, this 13th day of October, 2010. s/Daniel R. Domínguez DANIEL R. DOMINGUEZ U.S. DISTRICT JUDGE

T h e Court "notes" that the expert of Suiza will not be available. Perhaps, he may be available by p h o n e . Suiza is to inform the Court. The meeting is considered by the Court as incomplete if the experts of ORIL, S u iz a and/or VTM are not available, although the Court has authorized Indulac and the PRDFA to participate in the m e e tin g with their experts, except Ganaderos Unidos de la Industria Lechera, Inc., who were authorized to p a r tic ip a te only as an observer.

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