Opinion
ROBERT D. EASSA Bar No. 107970, TARA K. CLANCY Bar No. 253321, SEDGWICK LLP, San Francisco, California, Attorneys for Defendants ROSS SYSTEMS, INC.; CDC SOFTWARE CORPORATION; and CDC SOFTWARE INC.
ALEXANDER F. STUART, GEORGE W. DOWELL, WILLOUGHBY, STUART & BENING, Attorneys for Plaintiffs CALIFORNIA VALLEY LAND COMPANY dba WOOLF ENTERPRISES and HARRIS WOOLF ALMONDS.
STIPULATION TO MODIFY SCHEDULING CONFERENCE ORDER; SUPPORTING DECLARATIONS OF TARA K. CLANCY AND GEORGE W. DOWELL; ORDER THEREON
SANDRA M. SNYDER, Magistrate Judge.
IT IS HEREBY STIPULATED, by and between, plaintiffs CALIFORNIA VALLEY LAND COMPANY dba WOOLF ENTERPRISES and HARRIS WOOLF ALMONDS and defendants ROSS SYSTEMS, INC; CDC SOFTWARE, INC.; and CDC SOFTWARE CORPORATION that the Scheduling Conference Order issued on May 17, 2013 may be modified so that the deadlines for non-expert and expert discovery, non-dispositive motions, and dispositive motions may be continued as set forth below. The current settlement conference date, pre-trial date, and trial date shall remain as currently set.
Original Date Modified Date Modified Date New Proposed Per 2/6/2012 Per 10/4/12 Per 5/17/13 Date: Order: Order: Order: Expert 10/05/12 02/05/13 07/22/13 10/4/13 Disclosure Deadline: Supplemental 10/19/12 02/19/13 08/01/13 11/4/13 Expert Disclosure Deadline: Discovery 10/19/12 02/19/13 08/01/13 9/13/13 Deadline (Non-Expert): Discovery 11/09/12 03/08/13 08/19/13 12/20/13 Deadline (Expert): Settlement 11/14/12 01/22/13 11/12/13 11/12/13 Conference: at 10:0 a.m. at 10:00 a.m. at 10:00 a.m. Non-Dispositive 11/15/12 03/15/13 09/03/13 9/27/13 Motion Filing Deadline: Dispositive 12/07/12 04/05/13 9/30/13 9/27/13 Motion Filing Deadline: Pre-Trial 1/25/13 05/24/13 12/11/13 12/11/13 Conference: at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. Courtroom2/AWI Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI Trial Date: 3/11/13 3/11/13 2/4/14 2/4/14 at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI (JT ~ 3 weeks) (JT ~ 3 weeks) (JT ~ 3 weeks) (JT ~ 3 weeks)
This stipulation is made in accordance with Federal Rule of Civil Procedure Rule 16(b)(4), United States District Court Eastern District Local Rule 143, and the provisions of this Court's initial February 6, 2012 Scheduling Conference Order.
DECLARATION OF TARA K. CLANCY
I, TARA K. CLANCY, declare as follows:
1. I am an attorney at law admitted to practice before the courts of the State of California and the United States District Court for the Eastern District of California. I am an attorney with the law firm of Sedgwick LLP, counsel of record for defendants Ross Systems, Inc.; CDC Software Corporation; and CDC Corporation (collectively "Ross") in the above-referenced matter. The facts set forth in this declaration are based on my personal knowledge, on matters of which I am informed as counsel, and on my review of the firms' papers and records. If sworn as a witness, I could and would testify competently to these facts.
2. On February 6, 2012, this Court issued an initial Scheduling Conference Order setting a trial date of March 11, 2013. Since then, the parties have been diligently conducting non-expert discovery proceedings including written discovery and document exchanges. In light of the extensive nature of the information requested, the parties granted mutual extensions of time to respond to the discovery requests. The parties have exchanged additional discovery in June 2013. Based on this most recent exchange, the parties believe that additional depositions and written discovery will be necessary to prepare this case for trial.
3. Plaintiffs have taken the following depositions thus far: Andrew Buckland, Bob Gettings, and Jay Jordan. Ross has completed the depositions of Stephen Nazaroff, Joel Perkins, Lee Henriksen, and Mike Schilling. The parties anticipate that additional depositions will be necessary including depositions pursuant to Federal Rule of Civil Procedure, Rule 30(b)(6). The parties also intend to submit this case to a second mediation attempt prior to trial.
4. In light of the foregoing, good cause exists for granting the parties additional time to complete non-expert discovery proceedings and private mediation.
5. I have met and conferred with Plaintiffs' counsel, George Dowell, and all parties are agreeable to the proposed scheduling order set forth above. The proposed scheduling order does not alter the settlement conference date, pre-trial date, or trial date set by this Court's May 17, 2013 scheduling ordeer.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.
Executed this 25th day of June, 2013 at San Francisco, California.
DECLARATION OF GEORGE W. DOWELL
I, GEORGE W. DOWELL, declare as follows:
1. I am an attorney at law admitted to practice before the courts of the State of California and the United States District Court for the Eastern District of California. I am an attorney with the law firm of Willoughby, Stuart & Bening, counsel of record for Plaintiffs California Valley Land Company and Harris Woolf Almonds (collectively "Plaintiffs") in the above-referenced matter. The facts set forth in this declaration are based on my personal knowledge, on matters of which I am informed as counsel, and on my review of the firms' papers and records. If sworn as a witness, I could and would testify competently to these facts.
2. Following the commencement of this action, the parties engaged in early settlement efforts which proved fruitless. Shortly thereafter, the partied exchanged written discovery and requests for the product of documents.
3. Due to scheduling conflicts the responsive dates for the discovery responses were continued for both sides pursuant to stipulations filed with this Court. In addition to the extensions of time, there have been ongoing discussions about the need for a Protective Order in this matter. After a lengthy meet and confer period, the parties have agreed to submit stipulated Protective Order for this Court's consideration. Upon entry of that order, or some variant thereto, the parties will exchange documents.
4. There is good cause to continue the trial and related dates based on the parties efforts to resolve the discovery disputes to date and need to conduct depositions of relevant witnesses following review of the documents sought in discovery. The parties believe that the brrief extension of time sought in this Stipulation will provide ample opportunity to review the produced documents and conduct the necessary depositions.
I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.
Executed this 25th day of June, 2013 at San Jose, California.
ORDER
Pursuant to the parties' Stipulation to Modify Scheduling Conference Order submitted herewith, the supporting declarations of George W. Dowell and Tara K. Clancy; and good cause showing, IT IS HEREBY ORDERED that the dates set forth in the Scheduling Conference Order issued on May 17, 2013 be modified as follows:
Original Date Modified Date Modified Date New Proposed Per 2/6/2012 Per 10/4/12 Per 5/17/13 Date: Order: Order: Order: Expert 10/05/12 02/05/13 07/22/13 10/4/13 Disclosure Deadline: Supplemental 10/19/12 02/19/13 08/01/13 11/4/13 Expert Disclosure Deadline: Discovery 10/19/12 02/19/13 08/01/13 9/13/13 Deadline (Non-Expert): Discovery 11/09/12 03/08/13 08/19/13 12/20/13 Deadline (Expert): Settlement 11/14/12 01/22/13 11/12/13 11/12/13 Conference: at 10:0 a.m. at 10:00 a.m. at 10:00 a.m. Non-Dispositive 11/15/12 03/15/13 09/03/13 9/27/13 Motion Filing Deadline: Dispositive 12/07/12 04/05/13 9/30/13 9/27/13 Motion Filing Deadline: Pre-Trial 1/25/13 05/24/13 12/11/13 12/11/13 Conference: at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. Courtroom2/AWI Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI
Trial Date: 3/11/13 3/11/13 2/4/14 2/4/14 at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. at 8:30 a.m. Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI Courtroom 2/AWI (JT ~ 3 weeks) (JT ~ 3 weeks) (JT ~ 3 weeks) (JT ~ 3 weeks)
All other matters contained in this Court's initial Scheduling Conference Order issued on February 6, 2012 shall remain in full effect as though completely restated herein.
IT IS SO ORDERED.