Trader Joe's Company v. Hallatt et al

Filing 74

STIPULATION AND ORDER by Judge Barbara J. Rothstein. The depositions of the following witnesses may be completed after the May 17, 2017 Close of Non-Expert Discovery and prior to June 7, 2017: Defendant Michael Hallatt; Trader Joe's employees Nicole Kendall, Carla Hechler, and Matt Sloan; and third party World Class Distribution, Inc. Initial Disclosure Deadline is extended 6/21/2017, Rebuttal Expert Disclosure/Reports due by 7/12/2017. (PM)

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1 The Honorable Barbara J. Rothstein 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 11 TRADER JOE'S COMPANY, a California Corporation, Plaintiff, 12 13 14 15 16 v. MICHAEL NORMAN HALLATT, an individual, d/b/a PIRATE JOE'S a/k/a TRANSILVANIA TRADING; and DOES 1-10, No. 2:13-cv-00768-BJR STIPULATION AND ORDER TO EXTEND NONEXPERT DISCOVERY DEADLINE FOR CERTAIN DEPOSITIONS AND EXPERT REPORT DEADLINES NOTE ON MOTION CALENDAR: May 5, 2017 Defendants. 17 18 This Joint Stipulation to Extend Non-Expert Discovery Deadline for Certain 19 Depositions and Expert Report Deadlines between Plaintiff Trader Joe’s Company (“Trader 20 Joe’s” or “Plaintiff”), on the one hand, and Defendant Michael Norman Hallatt d/b/a Pirate 21 Joe’s a/k/a Transilvania Trading (“Hallatt” or “Defendant”), on the other hand, is made with 22 respect to the following facts and recitals: 23 WHEREAS, on December 20, 2016, the Court entered a scheduling order (Dkt. No. 24 58) setting the Close of Non-Expert Discovery for May 17, 2017, the Initial Expert 25 Disclosure & Report Deadline for June 7, 2017, and the Rebuttal Expert Disclosure & 26 Report Deadline for June 28, 2017; STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 1 1 WHEREAS, the parties have worked closely to complete the deposition process of 2 noticed party and third-party witnesses within the non-expert discovery period, and have 3 completed depositions of 11 party and non-party witnesses; 4 WHEREAS, due to various scheduling conflicts, the parties have been unable to 5 schedule depositions of five party and non-party witnesses prior to the close of non-expert 6 discovery (May 17, 2017), specifically, the depositions of Defendant Michael Hallatt; 7 Trader Joe’s employees Nicole Kendall, Carla Hechler, and Matt Sloan; and third party 8 World Class Distribution, Inc.; 9 WHEREAS, the parties have conferred and agreed to a schedule for completing the 10 above-noted depositions promptly after the close of non-expert discovery and prior to June 11 7, 2017; 12 WHEREAS, to accommodate the schedule for completing the above-noted 13 depositions, the parties have also agreed to extend by two weeks the deadlines for the Initial 14 Expert Disclosure & Report and Rebuttal Expert Disclosure & Report; 15 WHEREAS, the parties’ agreements to complete the above-noted depositions after 16 the close of non-expert discovery and prior to June 7, 2017, and to extend the expert 17 disclosure and report deadlines by two weeks will not alter any other dates in the Court’s 18 scheduling order; 19 WHEREAS, the parties have also agreed that this Joint Stipulation to Extend Non- 20 Expert Discovery Deadline for Certain Depositions and Expert Report Deadlines, and the 21 parties’ agreement thereto, may not be used, cited, or relied upon by either party in support 22 of, or in opposition to, any future motion or at trial, including in any discovery motion, 23 Daubert motion, motion in limine, motion for injunctive relief, or motion for other relief. 24 25 26 WHEREAS, in light of the above, the parties believe that good cause exists for entry of the following stipulation; NOW THEREFORE, by and through the undersigned counsel, the parties stipulate STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 2 1 2 and agree as follows, subject to the Court’s approval: 1. Good cause appearing, the depositions of the following witnesses may be 3 completed after the May 17, 2017 Close of Non-Expert Discovery and prior to June 7, 4 2017: Defendant Michael Hallatt; Trader Joe’s employees Nicole Kendall, Carla Hechler, 5 and Matt Sloan; and third party World Class Distribution, Inc. The May 17, 2017 deadline 6 for Close of Non-Expert Discovery is not extended for any purpose other than for 7 completion of the depositions of the above-noted witnesses. 8 9 10 11 12 2. The June 7, 2017 Initial Expert Disclosure & Report Deadline is extended by two weeks to June 21, 2017. 3. The June 28, 2017 Rebuttal Expert Disclosure & Report Deadline is extended by two weeks to July 12, 2017. 4. This Joint Stipulation to Extend Non-Expert Discovery Deadline for Certain 13 Depositions and Expert Report Deadlines, and the parties’ agreement thereto, may not be 14 used, cited, or relied upon by either party in support of, or in opposition to, any future 15 motion or at trial, including in any discovery motion, Daubert motion, motion in limine, 16 motion for injunctive relief, or motion for other relief. 17 18 Dated: May 5, 2017. 19 YARMUTH WILSDON PLLC 23 By /s/ Jeremy E. Roller Scott T. Wilsdon, WSBA No. 20608 Jeremy E. Roller, WSBA No. 32021 1420 Fifth Avenue, Suite 1400 Seattle, WA 98101 Telephone: 206.516.3800 Facsimile: 206.516.3888 jroller@yarmuth.com wilsdon@yarmuth.com 24 O’MELVENY & MYERS LLP 25 Brian M. Berliner, (pro hac vice) Jordan Raphael, (pro hac vice) Tim Byron (pro hac vice) 400 South Hope Street 20 21 22 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 3 1 Los Angeles, CA 90071-2899 Telephone: 213.430.6000 Facsimile: 213.430.6407 bberliner@omm.com jraphael@omm.com tbyron@omm.com 2 3 4 Attorneys for Plaintiff Trader Joe’s Company 5 6 Dated: May 5, 2017. DORSEY & WHITNEY LLP /s/ Nathan Alexander Nathan Alexander, WSBA No. 37040 Michael Keyes, WSBA No. 29215 Andrea Yang, WSBA No. 50613 701 Fifth Avenue, Suite 6100 Seattle, WA 98104-7043 Telephone: 206.903.8800 Facsimile: 206.903.8820 alexander.nathan@dorsey.com keyes.mike@dorsey.com yang.andrea@dorsey.com 7 8 9 10 11 12 Attorneys for Defendants 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 4 1 ORDER 2 3 IT IS SO ORDERED. 4 5 Dated: May 9, 2017 6 7 A 8 Barbara Jacobs Rothstein U.S. District Court Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 5 1 2 CERTIFICATE OF SERVICE I hereby certify that on this date I electronically filed the foregoing with the Clerk of 3 the Court using the CM/ECF system, which will send notification of such filing to the 4 following counsel of record: 5 7 Nathan T. Alexander (alexander.nathan@dorsey.com) Michael Keyes (keyes.mike@dorsey.com) Andrea Yang (yang.andrea@dorsey.com) DORSEY & WHITNEY LLP 8 Attorneys for Defendant Michael Norman Hallatt 6 9 Dated: May 5, 2017 at Seattle, Washington. 10 s/Jeremy E. Roller Jeremy E. Roller 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STIPULATION AND ORDER NO. 2:13-cv-00768 – Page 6 760.01 re050601 5/9/17

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