Terry et al v. Register Tapes Unlimited, Inc. et al
| Robert Terry, Crest Corporation and Crest Irrevocable Business Trust |
| Register Tapes Unlimited, Inc., Edward "Doug" Endsley and Ashley Mate |
| 2:2016cv00806 |
| April 19, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Allison Claire |
| William B. Shubb |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
199
STIPULATION AND ORDER DISMISSING CASE with prejudice signed by Senior Judge William B. Shubb on 8/7/2020. The stipulation is approved in its entirety and the entire action, including all claims and counterclaims stated herein against all parties, is hereby DISMISSED with prejudice. CASE CLOSED. (Mena-Sanchez, L)
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Filing
192
ORDER signed by Senior Judge William B. Shubb on 7/22/2020 ADOPTING 185 Findings and Recommendations in full and DENYING 181 Motion for TRO. (Huang, H)
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185
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 7/8/2020 RECOMMENDING that plaintiff's 181 motion for temporary restrainingorder be denied. In light of the time-sensitive nature of the motion, the period for objections to these Findings and Recommendations will be 24 hours. Motion referred to Judge William B. Shubb. Objections to F&R due within 24 hours. (Zignago, K.)
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Filing
184
ORDER signed by Magistrate Judge Allison Claire on 7/7/2020 GRANTING 180 Request to participate in electronic filing. The Clerk is ordered to make the necessary arrangements to allow plaintiff to participate in electronic filing for this case. (Mena-Sanchez, L)
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Filing
177
ORDER signed by Magistrate Judge Allison Claire on 6/5/2020 DENYING 170 motion to compel compliance with a third-party subpoena. (Kastilahn, A)
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167
ORDER signed by Magistrate Judge Allison Claire on 4/27/20 ORDERING the parties to submit a joint statement, not to exceed 5 pages, on the current status of the motion to compel at ECF No. 160 no later than May 1, 2020. Alternatively, defendants may withdraw the motion at ECF No. 160 without prejudice to a second motion on the topic, if necessary, in light of the now extended deadlines. (Kaminski, H)
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Filing
166
ORDER signed by Senior Judge William B. Shubb on 4/17/2020 MODIFYING the Scheduling Order as follows: Discovery cut-off is 9/30/2020. Defendant's Rule 35 Exam of Plaintiff Robert Terry conducted by 9/30/20. Rebuttal Expert witnesses due by 10/2 3/2020. Discovery Motion cut-off filed by 10/30/2020. Motions filed by 11/23/2020. Designation of Expert Witnesses due by 12/18/2020. Joint Pre-trial conference statement due by 1/19/2021., Pretrial Conference set for 2/1/2021 at 01:30 PM and Jury Trial set for 3/30/2021 at 09:00 AM, both in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A)
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Filing
156
ORDER signed by Senior Judge William B. Shubb on 3/3/2020 GRANTING IN PART AND DENYING IN PART defendant's 114 Motion for Summary Judgment. (Zignago, K.)
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154
ORDER signed by Magistrate Judge Allison Claire on 2/25/2020 GRANTING 138 Motion for Discovery. (Huang, H)
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150
ORDER signed by Magistrate Judge Allison Claire on 2/24/20 WITHDRAWING 135 Motion to Compel. (Kaminski, H)
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147
ORDER signed by Magistrate Judge Allison Claire on 2/24/2020 GRANTING 146 Stipulation and EXTENDING the Discovery Cut-Off to 5/29/2020. Defendants may serve on each party up to 15 interrogatories, up to 25 document requests, and deposition notices solely concerning the newly served discovery requests. Plaintiffs may serve on each party up to 25 document requests, and deposition notices solely concerning the newly served discovery requests. The Discovery Motion Cut-Off date shall be 7/3/2020. The Parties retain the right to oppose a motion to compel discovery on any applicable ground, and additional discovery may be compelled and responses served pursuant to Orders obtained by such motions. (Huang, H)
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Filing
142
ORDER signed by Magistrate Judge Allison Claire on 2/13/2020 GRANTING Defendants' 139 Request for Leave to File an Oversized Joint Statement Re: Discovery Dispute in connection with 135 motions to compel and for sanctions. The Court PER MITS the filing of a Joint Statement up to 150 pages in length, which page limit shall be reduced to the extent specific interrogatories and document requests are no longer at issue as of the filing of the Joint Statement Re: Discovery Dispute. The parties shall comply with the requirements of E.D. Cal. L.R. 251(c). (York, M)
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Filing
129
STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 2/5/2020 APPROVING and GRANTING 128 Stipulation to Continue Mediation Deadline and Modify Scheduling Order. The mediation cut-off date shall be CONTINUED to 5/12/2020. (York, M)
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Filing
127
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 1/22/2020 MODIFYING the scheduling order as follows: Defendants shall depose Plaintiffs' experts not later than 8/25/2020; Parties' joint pre-trial conference statement is continued to 9/3/2020; The pre-trial conference is continued to 9/14/2020, at 1:30 p.m; and the trial is continued to 11/3/2020 at 9:00 a.m. in Courtroom 5. (Becknal, R)
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Filing
123
ORDER signed by Senior Judge William B. Shubb on 12/11/2019 ORDERING Designation of Expert Witnesses due by 2/18/2020. Motion 114 for Summary Judgment Hearing CONTINUTED to 2/24/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. S hubb. Reply memorandum to plaintiffs' opposition by 2/10/2020. Plaintiffs sur-reply to reply memorandum by 2/18/2020. If the Court's ruling on defendants' Motion for Summary Judgment is not granted in its entirety, a mediation shall be conducted on any remaining claims by 4/17/2020. Joint Pre-Trial Conference Statement due by 6/1/2020. Pretrial Conference Reset for 6/8/2020 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Trial Reset for 8/4/2020 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Reader, L)
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Filing
111
STIPULATION and ORDER for continuance 110 signed by Senior Judge William B. Shubb on 9/27/2019: 1) Expert disclosure is due by 10/31/2019; 2) Last day to file dispositive motions and discovery motions (other than motions in limine) is continued to 11/7/2019; and 3) Rebuttal expert discovery is due by 11/15/2019. All other dates remain unchanged. (Kirksey Smith, K)
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Filing
109
ORDER signed by Senior Judge William B. Shubb on 7/1/19 CONTINUING dates and MODIFYING the scheduling order as follows: Non-expert Discovery due by 9/16/19. Designation of Expert Witnesses due by 9/30/19. Dispositive Motions filed by 9/30/19. Rebuttal expert discovery due by 11/4/19. Joint pre-trial conference statement filed by 1/14/20. Pretrial Conference set for 1/21/20 at 01:30 PM and Jury Trial set for 3/17/20 at 09:00 AM, both in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Coll, A)
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Filing
107
ORDER signed by Magistrate Judge Allison Claire on 5/21/2019 DENYING 100 Motion to Compel; and Defendant shall produce to plaintiffs within 14 days of this order: a sworn declaration as to the accuracy and completeness of the "highly confidential" document summarizing the costs of thermal paper from 2009 - 2017; and a spreadsheet covering 2009 - 2017 that consolidates the information for sales, tape provided, and cost adjustments. (Washington, S)
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Filing
103
ORDER signed by Magistrate Judge Allison Claire on 5/13/19 TAKING UNDER SUBMISSION 100 Motion to Compel; VACATING the hearing set for 5/15/19; and DIRECTING plaintiff to submit the described documents to be filed under seal within 3 days. Plaintiff is exempted from the notice requirements with respect to this one-time filing. (Coll, A)
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Filing
96
ORDER signed by Senior Judge William B. Shubb on 4/1/2019 ORDERING the following deadlines EXTENDED: Designation of Expert Witnesses EXTENDED to 6/21/2019; Discovery EXTENDED to 6/21/2019; Dispositive Motions EXTENDED to 7/8/2019; Rebuttal expert dis covery EXTENDED to 7/11/2019; Join Pre-trial Conference Statement EXTENDED to 9/9/2019; Final Pretrial Conference EXTENDED to 9/16/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; Jury Trial EXTENDED to 11/19/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)
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93
ORDER signed by Magistrate Judge Allison Claire on 3/18/19 DENYING 88 Motion to Compel and VACATING the 3/20/19 hearing. (Kastilahn, A)
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Filing
87
ORDER signed by Senior Judge William B. Shubb on 1/9/2019 IT IS SO ORDERED A continuance of non-expert discovery is due by 3/15/2019. Expert Disclosure due by 3/15/2019. Dispositive Motions filed by 3/22/2019. Rebuttal expert discovery by 4/15/2019. Joint pre-trial conference statement 4/22/2019. Pretrial Conference Reset for 4/29/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb, and Jury Trial Reset for 6/18/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb.(Reader, L)
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Filing
83
ORDER signed by Senior Judge William B. Shubb on 10/31/18 CONTINUING the non-expert discovery to 1/2/2019, expert disclosure to 1/25/2019, last day to file dispositive motions to 1/25/2019, rebuttal expert discovery to 2/15/2019. The Final Pretrial Conference is CONTINUED to 3/4/2019 at 01:30 PM and the Jury Trial is to remain as scheduled for 4/2/2019 at 9:00 AM, BOTH in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
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Filing
80
ORDER signed by Senior Judge William B. Shubb on 7/31/18: Discovery due by 11/16/2018. Dispositive Motions filed by 1/4/2019. Final Pretrial Conference RESET for 2/25/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kaminski, H)
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Filing
78
ORDER signed by Magistrate Judge Allison Claire on 6/29/2018 GRANTING 71 Motion for Sanctions. Monetary sanctions in the amount of $4,862.50 are awarded to plaintiff and payable by defendant within 14 days of this order. (Hunt, G)
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Filing
70
ORDER signed by Magistrate Judge Allison Claire on 4/26/2018 DENYING 69 Defendant's Motion for Reconsideration. (Reader, L)
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Filing
68
ORDER signed by Magistrate Judge Allison Claire on 4/16/18, ORDERING that defendants shall pay to plaintiffs $32,452.50 in fees as sanctions within 10 days of this order. (Kastilahn, A)
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Filing
65
ORDER signed by Magistrate Judge Allison Claire on 3/26/2018 GRANTING 60 Motion for Sanctions and specifically ORDERING the following: Defendant's claim of trade secret privilege is overruled; Defendant must produce to plaintiff, within 10 da ys of this order, all documents ordered produced in this court's 52 Order; If defendant wishes to maintain its assertion of attorney-client privilege as to individual documents, it must produce, within 10 days of this order, a privilege log co mpliant with the Federal Rules of Civil Procedure and this order; and Plaintiff must submit to the court, within 5 days of this order, billing records associated with the need to bring the motion at bar, and accompanying declarations regarding attorney and paralegal rates. (Washington, S)
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Filing
56
STIPULATION and ORDER 55 signed by Senior Judge William B. Shubb on 9/29/2017 resetting dates as follows: 1) The cutoff for non-expert discovery is continued to 9/7/2018; 2) The cutoff for expert disclosure is continued to 9/21/2018; 3) The la st day to file dispositive motions is continued to 12/3/2018; 4) The cutoff for rebuttal expert disclosure is continued to 10/5/2018; 5) The cutoff to complete expert deposition testimony is continued to 10/26/2018; 6) The Final Pretrial Conference is continued to 2/11/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb; and 7) The Trial of this matter is continued to 4/2/2019 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K)
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Filing
54
PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 8/16/2017. (Michel, G.)
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52
ORDER signed by Magistrate Judge Allison Claire on 7/28/2017 GRANTING in part and DENYING in part 47 Motion to Compel. DENIED as to information related to the inadvertently disclosed email; GRANTED as to RFP Nos. 38, 44, 54-64, and 88-91 regarding post-2003 communications between RTUI and Safeway; Otherwise DENIED as to post-2003 communications between RTUI and Safeway; GRANTED to the extent that defendants shall, if they wish to assert trade secret privilege in conjunction with their response s to the discovery ordered regarding to post-2003 communications between RTUI and Safeway, produce a privilege log that conforms to the requirements of the Federal Rules of Civil Procedure. The parties shall file a stipulated protective order that complies with Local Rule 141.1 within 14 days of the date of this order. (Washington, S)
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Filing
46
ORDER signed by Senior Judge William B. Shubb on 7/11/17, ORDERING that the Stipulation of the Parties to Continue Discovery Dates and Modify Scheduling Order is hereby GRANTED as follows: non-expert discovery is CONTINUED to 11/15/2017, expert di sclosure CONTINUED to 12/15/2017, the last day to file all motions is CONTINUED to 12/15/2017, rebuttal expert discovery is CONTINUED to 1/5/2018, and expert deposition testimony is CONTINUED to 1/16/2018. The Final Pretrial Conference is CONTINUED to 1/16/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
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Filing
43
STIPULATION and ORDER 42 signed by Senior Judge William B. Shubb on 6/21/2017 DISMISSING Plaintiffs' Seventh Cause of Action from the second amended complaint without prejudice. The 7/10/2017 motion hearing is vacated. (Kirksey Smith, K)
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Filing
34
ORDER signed by Senior Judge William B. Shubb on 5/11/2017 ORDERING that plaintiff's Motion for leave to file a second amended complaint to add Registered Tapes Unlimited, LP to this action be, and the same hereby is, GRANTED without prejudi ce to defendants filing a motion to dismiss Registered Tapes Unlimited, Inc. from this action or the parties filing a stipulation to that effect. Plaintiff shall file a second amended complaint naming Registered Tapes Unlimited, LP as a defendant within ten days of the date this Order is signed. The parties have until 9/15/2017 to complete discovery. (Becknal, R)
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33
ORDER signed by Senior Judge William B. Shubb on 5/11/2017 GRANTING 31 Request for Telephonic Appearance. Defendant's Counsel may appear telephonically at the oral argument of Plaintiffs' Motion to Amend set for 5/15/2017 at 1:30 pm. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Zignago, K.)
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19
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 8/8/2016 re 11 Motion to Dismiss: IT IS ORDERED that Endsley and Mate's motion to dismiss Terry's harassment and hostile work environment claim be, and the same hereby is, GRANTED. Plaintiffs have twenty days from the date this Order is signed to file a Second Amended Complaint, if they can do so consistent with this Order. (Kirksey Smith, K)
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Filing
16
ORDER 14 signed by Senior Judge William B. Shubb on 8/1/2016 granting request for telephonic appearance of defendants' counsel, David Hamilton, at the oral argument of Defendants' Motion to Dismiss now set for 8/8/2016 at 1:30 p.m. The courtroom deputy shall email counsel with instructions on how to participate in the telephone conference call. (Kirksey Smith, K)
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10
ORDER signed by Senior Judge William B. Shubb on 6/14/2016 re 5 Defendants Edward "Doug" Endsley's and Ashley Mate's Motion to Dismiss: IT IS ORDERED that defendants' motion to dismiss be, and the same hereby is DENIED without prejudice as moot. (Kirksey Smith, K)
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