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13-1754 - Starbucks Corporation v. Amcor Packaging Distribution, et al.,


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13-1754 - Starbucks Corporation v. Amcor Packaging Distribution, et al.,
September 24, 2013
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ORDER signed by Judge Garland E. Burrell, Jr. on 9/24/2013 DISQUALIFYING Judge Garland E. Burrell, Jr. pursuant to 28 U.S.C. ยง 455; VACATING all currently scheduled dates; DIRECTING the Clerk of Court to randomly reassign this case. (Michel, G)
October 8, 2014
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ORDER re cross-defendant Ozburn-Hesse Logistic's 31 Request to Seal Document signed by Senior Judge William B. Shubb on 10/8/2014. Within 10 days from date of Order, OHL shall specifically identify provisions in the Agreement which asserts constituted "sensitive business information" and explain why that information is sensitive and should be sealed or redacted from the public record. (Marciel, M)
November 5, 2014
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MEMORANDUM and ORDER granting 29 Motion to Dismiss signed by Senior Judge William B. Shubb on 11/4/14: Pallets Unlimited has twenty days from the date this Order is signed to file an amended third-party complaint, if it can do so consistent with this Order. (Kaminski, H)
December 12, 2014
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STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/12/2014 MODIFYING the 23 Status (Pretrial Scheduling) Order with respect to disclosure of experts only; ORDERING that experts be disclosed by 6/1/2015. (Michel, G)
December 23, 2014
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STIPULATION AND ORDER 50 signed by Senior Judge William B. Shubb on 12/23/2014 GRANTING plaintiff's counsel leave to attend the 1/12/2015 motion hearing by telephone at 2:00 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
January 16, 2015
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 1/15/2015 ORDERING that third-party defendant Ozburn-Hessey Logistics's 48 motion to dismiss is GRANTED without leave to amend with respect to third-party plaintiff Pallets Unlimited's negligence claim and DENIED in all other respects. (Zignago, K.)
February 25, 2015
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STIPULATION and ORDER 59 modifying 23 Scheduling Order signed by Senior Judge William B. Shubb on 2/4/2015. Parties shall disclose experts and produce reports in accordance with Federal Rule of Civil Procedure 26(a)(2) by no later than 9/1/2015. With regard to Expert Testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rule of Civil Procedure 26(a)(2) on or before 10/12/2015. All Non-Expert Discovery, including depositions for preservation of testimony, shall be so conducted as to be completed by 8/3/2015. All Expert Discovery shall be so conducted as to be completed by 11/2/2015. All Motions, except Motions for continuance, Temporary Restraining Orders, or other emergency Applications, shall be filed on or before 12/23/2015. Final Pretrial Conference is CONTINUED to 3/14/2016 at 2:00 PM and Jury Trial is RE-SCHEDULED for 5/10/2016 at 9:00 AM in Courtroom 5 (WBS). (Marciel, M)
May 7, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/7/2015 ORDERING 61 that the deadline for Pallets Unlimited, LLC to respond, object, and/or make motions related to OHL's Interrogatories, Requests for Production, and Requests for Admissions is EXTENDED to 5/18/2015. (Reader, L)
July 23, 2015
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STIPULATION and ORDER TO MODIFY DATES OF THE SCHEDULING ORDER signed by Senior Judge William B. Shubb on 7/22/15. The parties shall disclose Experts and produce reports by no later than 12/31/2015; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before 1/29/16. Discovery shall be completed by 10/5/15; all Expert Discovery shall be so conducted as to be completed by 2/28/16. All Motions, except Motions for continuances, temporary restraining orders, or other emergency applications, shall be heard on or before 4/4/2016. The Final Pretrial Conference is SET for 6/6/2016 at 02:00 PM. The Jury Trial is SET for 8/16/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Mena-Sanchez, L)
July 30, 2015
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/29/15 ORDERING that the Motion to Compel 64 is GRANTED. Defendant shall provide further responses to the interrrogatories, without objections, no later than 8/12/15. (Mena-Sanchez, L)
August 28, 2015
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STIPULATION and ORDER 74 signed by Senior Judge William B. Shubb on 8/28/2015 extending the deadling for Pallets to respond to discovery requests by 9/11/2015. (Kirksey Smith, K)
September 4, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 09/03/15 ORDERING that all non-expert discovery, including depositions for preservation of testimony, shall be so conducted as to be completed by 11/30/15. (Benson, A)
September 28, 2015
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/28/2015 ORDERING that the deadline for Amcor to respond, object, and/or make motions related to OHL's written discovery specifically, OHL's Request for Production, Set Two, served on or about 8/26/2015 is hereby EXTENDED to 10/9/2015. This is an extension of less than 28 days. (Zignago, K.)
November 5, 2015
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STIPULATION and ORDER 80 extending time for Discovery signed by Magistrate Judge Carolyn K. Delaney on 11/5/2015. Defendant Amcor's time to respond, object, and/or make motions related to plaintiff's Starbucks' written Discovery specifically, Starbucks Request for Production, Set Two, and Request for Admissions, Set Two -is EXTENDED to 11/24/2015. (Marciel, M)
November 12, 2015
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/12/15: The deadline to respond to the written discovery is extended until November 23, 2015. (Kaminski, H)
November 12, 2015
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STIPULATION and ORDER TO MODIFY DATES OF THE SCHEDULING ORDER signed by Senior Judge William B. Shubb on 11/10/15. The parties shall disclose experts and produce reports by no later than 2/1/16; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced on or before 2/29/2016; all expert discovery shall be so conducted as to be completed by 4/1/16.(Mena-Sanchez, L)
December 11, 2015
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STIPULATION and ORDER signed by Senior Judge William B. Shubb on 12/10/15 ORDERING that any motions for summary judgment and adjudication shall be filed within sufficient time under the Local Rules of the Eastern District of California that said motions may be heard no later than 4/4/2016. (Kastilahn, A)
February 1, 2016
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/1/16 ORDERING that The parties shall disclose experts and produce reports in accordance with FRCP, no later than 2/16/16; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with FRCP, on or before 3/15/2016. (Mena-Sanchez, L)
February 11, 2016
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STIPULATION and ORDER to Modify Scheduling Order 99 signed by Senior Judge William B. Shubb on 2/11/2016: The parties shall disclose experts and produce reports in accordance with Federal Rules of Civil Procedure, rule 26(a)(2), no later than 3/8/2016; with regard to expert testimony intended solely for rebuttal, those experts shall be disclosed and reports produced in accordance with Federal Rules of Civil Procedure, rule 26(a)(2), on or before 3/29/2016. The closure for expert discovery shall be 5/6/2016. The parties hereto agree that the deadline for the filing of motions in this matter shall be 7/1/2016. The Final Pretrial Conference is reset for 9/12/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The Jury Trial date is reset for 11/8/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.. (Kirksey Smith, K)
March 7, 2016
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STIPULATION AND ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/07/16 ORDERING that the parties shall disclose experts and produce reports by 03/22/16 with expert rebuttal due by 04/12/16; the closure for expert discovery is 05/20/16. (Benson, A)
March 21, 2016
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ORDER RE; REQUEST TO SEAL DOCUMENTS signed by Senior Judge William B. Shubb on 3/18/16. IT IS THEREFORE ORDERED that Plaintiff Starbucks Corporation's and cross-defendant Ozburn-Hessey Logistics' requests to seal or redact the Agreement, (Docket Nos. 42, 108), be, and the same hereby, are DENIED. IT IS FURTHER ORDERED that Exhibits A through C submitted in support of Ozburn-Hessey Logistics' MOTION for Summary Judgment, (Docket Nos. 107-2 to 107-4), and all other written materials in this action shall not be filed under seal.(Mena-Sanchez, L)
April 26, 2016
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STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/26/16 ORDERING that good cause has been shown under Rule 16(b) of the Federal Rules of Civil Procedure, to extend the deadline for the completion of expert discovery to June 27, 2016 and the deadline for discovery motions addressed to expert discovery to August 16, 2016. The deadline for dispositive motions shall remain July 1, 2016. All other dates in the Order shall remain unchanged. (Becknal, R)
June 24, 2016
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 6/23/2016 ORDERING that Starbucks' 119 motion for partial summary judgment on the unenforceability of the Disclaimers in Amcor's 26 Invoices is GRANTED. Amcor's 14 thirteenth and forty-ninth affirmative defenses are STRICKEN and that Amcor be excluded from raising the Disclaimers in the 26 Invoices as a defense to Starbucks' remaining claims for breach of contract, breach of express warranty, breach of the implied warranty of merchantability, and breach of the implied warranty of fitness for a particular purpose. Amcor's 111 motion for summary judgment on Starbucks' strict products liability and negligence claims is GRANTED. Amcor's 111 motion for summary judgment on Starbucks' claims for breach of contract, breach of express warranty, breach of the implied warranty of merchantability, and breach of the implied warranty of fitness for a particular purpose is DENIED. (Zignago, K.)
July 12, 2016
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STIPULATION and ORDER 137 signed by Senior Judge William B. Shubb on 7/12/2016 resetting the Pretrial Conference for 9/26/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
September 29, 2016
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STIPULATION and ORDER for request for referral to a magistrate judge for settlement signed by Senior Judge William B. Shubb on 9/29/2016. (Kirksey Smith, K)
October 14, 2016
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STIPULATION and ORDER re Settlement 160 signed by Senior Judge William B. Shubb on 10/14/2016: The parties are ordered to appear by counsel at a Status Conference re Settlement on 11/28/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb to show cause why stipulation of dismissal of the entire action has not been filed. If a stipulation of dismissal has been filed by the parties no later than 11/21/2016, no appearance is required. (Kirksey Smith, K)