Mars, Incorporated v. Bil-Jac Foods, Inc.

Filing 83

ORDER Amending Case Management Order: Discovery due by 12/8/2014. Dispositive Motions due by 4/8/2015. Counsel should read the order in its entirety for all other deadlines and information. Signed by Magistrate Judge Joe Brown on 7/29/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MARS, INCORPORATED, and
MARS PETCARE US, INC.,

)
)
)
Case No. 3:13-cv-0928
Plaintiffs,
)
)
v.
)
District Judge Campbell
)
Magistrate Judge Brown
BIL-JAC FOODS, INC., U.S. PET
)
NUTRITION, LLC, THAI UNION
)
INTERNATIONAL, INC., KELLY
)
FOODS CORPORATION, and
)
BLUE BUFFALO COMPANY, LTD.
)
)
Defendants.
)
______________________________________________________________________________
STIPULATION AND ORDER REGARDING AMENDMENTS TO DEADLINES IN
INITIAL CASE MANAGEMENT ORDER
______________________________________________________________________________
Plaintiff / Counterclaim-Defendants Mars, Incorporated and Mars Petcare US, Inc.
(collectively, “Mars”) and Defendant / Counterclaim-Plaintiffs U.S. Pet Nutrition, LLC (“U.S.
Pet”) and Blue Buffalo Company, Ltd. (“Blue Buffalo”), by and through their undersigned
counsel, respectfully submit the following Stipulation and [Proposed] Order Regarding
Amendments to Deadlines In Initial Case Management Order.
WHEREAS, the parties are engaged in settlement discussions, and believe it may be
possible to finalize settlement within the next sixty (60) days;
WHEREAS, Sections 7 and 8 of the Initial Case Management Order set forth discovery
and dispositive motions deadlines, including the upcoming deadline of August 20, 2014 for the
parties to disclose the identity of their expert witnesses for their cases in chief, the subject matter
of the experts’ testimony, and the experts’ curriculum vitae;

N JAD 1390262 v1
2914916-000002 07/25/2014

WHEREAS, the parties wish to extend all discovery and dispositive motions deadlines as
set forth below, in the interest of focusing on finalizing a settlement of this dispute;
THE FOLLOWING IS HEREBY STIPULATED AND AGREED by and between the
parties and their counsel:
A.

The deadlines set forth in Sections 7 and 8 of the Initial Case Management Order

should be amended as follows:
7.

INITIAL DISCLOSURES AND STAGING OF DISCOVERY:

All fact discovery, including written discovery and fact depositions, must be completed
no later than December 8, 2014;
By October 20, 2014, the parties shall disclose the identity of their expert witnesses for
their cases in chief, the subject matter of the experts’ testimony, and the experts’ curriculum
vitae;
By January 6, 2015, the parties shall provide all the remaining information concerning
their expert disclosures, as specified in Federal Rule of Civil Procedure 26(a)(2)(B);
By February 6, 2015, the parties shall disclose the identity of rebuttal expert witnesses
and provide all the information specified in Federal Rule of Civil Procedure 26(a)(2)(B);
Any supplements to expert reports shall be exchanged by February 20, 2015;
Depositions of expert witnesses shall be completed on or before March 10, 2015.
8.

DISPOSITIVE MOTIONS:
The parties shall file all dispositive motions no later than April 8, 2015. Responses to

dispositive motions shall be filed no later than 28 days after the filing of the motion (i.e., by May
6, 2015). Replies may be filed within 14 days after the filing of the response (i.e., by May 20,
2015).

If a dispositive motion is filed early, the response and reply dates are moved up

accordingly.
2
N JAD 1390262 v1
2914916-000002 07/25/2014

The trial date remains set on September 22, 2015 (Docket Entry 71).
SO STIPULATED AND AGREED:
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
/s/ James A. DeLanis
James A. DeLanis (BPR # 6057)
Robert G. McDowell (BPR # 000961)
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
211 Commerce Street, Suite 800
Nashville, Tennessee 37201
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiff Mars, Incorporated
and Mars Petcare US, Inc.
Cristina A Carvalho (admitted pro hac vice)
Randall A. Brater (admitted pro hac vice)
Ross Q. Panko (admitted pro hac vice)
ARENT FOX LLP
1717 K Street, N.W.
Washington, D.C. 20036
Tel: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Mars, Incorporated
and Mars Petcare US, Inc.
/s/ Amy J. Everhart
Amy J. Everhart
Maria A. Spear
EVERHART LAW FIRM PLC
1400 Fifth Avenue North
Nashville, TN 37208
[e-mail]
[e-mail]
Attorneys for Defendant U.S. Pet Nutrition,
LLC
3
N JAD 1390262 v1
2914916-000002 07/25/2014

Lindy Herman
Mei Tsang
Rosie Kim
FISH & ASSOCIATES, PC
2603 Main Street
Suite 1000
Irvine, CA 92614-4271
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant U.S. Pet Nutrition,
LLC
/s/ Stephen J. Zralek
Stephen J. Zralek
BONE MCALLESTER NORTON PLLC
511 Union Street
Suite 1600
Nashville, TN 37219
[e-mail]
Attorneys for Defendant Blue Buffalo
Company, Ltd.

It is so ORDERED:
___________________________________
HONORABLE JOE B. BROWN
United States Magistrate Judge

4
N JAD 1390262 v1
2914916-000002 07/25/2014