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Re: Enterprising Investor post# 7647

Saturday, 02/02/2013 10:58:34 PM

Saturday, February 02, 2013 10:58:34 PM

Post# of 7698
Order Granting Motion for Scheduling Order (9/13/12)

Plaintiff Pom Wonderful LLC (“Pom”) and Defendant Backside Beverages, LLC (“BB”), by and through their counsel of record, herby submit this Stipulated Motion to Amend the Scheduling Order to extend certain deadlines moving forward. This Stipulation is submitted in order to accommodate settlement negotiations between the parties that may enable the parties to reach a business resolution prior to expending both the Court’s and the parties’ resources.

FED. R. CIV. P. 16(b) provides that the Court may modify a schedule “upon a showing of good cause and by leave of the district judge.” The Parties submit that, for the reason set forth above, good cause exists for the requested relief. This is the first time the Parties have requested that the Court extend certain deadlines and do not anticipate any events occurring that may require additional time for the activities listed below beyond the dates set forth below. The Parties believe that the schedule proposed below will allow the parties to complete discovery expeditiously and efficiently, and to put this case in a posture for final disposition.

The Parties request that the Court amend the Scheduling Order as set forth below, which essentially adds three months or less to most of the deadlines that have not yet expired. The current and proposed deadlines are set forth as follows:

Event Current
Deadline
Proposed
Deadline

All non-expert discovery closes
8/31/ 2012
11/30/2012

Initial expert designations and reports due
10/5/2012
1/7/2013

Responsive expert designations and reports due
10/19/2012
1/21/2013

All discovery closes
11/2/2012
2/4/2013

Dispositive motions due
12/14/2012
3/15/2013

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