Ex Parte

Cal. Super. - 2nd Dist.December 4, 2017

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:30:00 AM JUDICIAL OFFICER PRESIDING: Matthew P. Guasco COUNTY OF VENTURA VENTURA DATE: 03/29/2019 DEPT: 20 CLERK: Miriam Hernandez REPORTER/ERM: Tanya Rogers CASE NO: 56-2017-00505141-CU-BC-VTA CASE TITLE: Huy Fong Foods Inc vs. Underwood Ranches LP CASE CATEGORY: Civil - Unlimited CASE TYPE: Breach of Contract/Warranty EVENT TYPE: Ex Parte MOVING PARTY: Underwood Ranches LP, Underwood & Son LLC CAUSAL DOCUMENT/DATE FILED: Ex Parte Application - Other to Compel Docs from Non-Part Chilico, LLC in Response to Demand Nos. 10-18 of Dep Subpoena for Production of Business Records, Dated Dec 26, 2018 or, in the alternative, to Shorten Time for Hearing & to Extend Discovery Cut-Off; Memo of Points & Auth, 03/28/2019 STOLO APPEARANCES STOLO JAMES Q. MCDERMOTT, counsel, present for Defendant,Cross - Complainant,Plaintiff(s). MICHAEL SCOTT MARTIN, counsel, present for Cross - Defendant,Plaintiff(s). JESSICA M. WAN, counsel, present for Defendant,Cross - Complainant,Plaintiff(s). DARIN MARX, counsel, present for Chilico, LLC. Stolo At 08:54 a.m., court convenes in this matter with all parties present as previously indicated. The Court addresses counsel as to case status and scheduling. The Court directs counsel to meet and confer outside the courtroom to discuss scheduling. 09:40 a.m. The Court reconvenes with all parties present. Matter submitted without argument. The Court finds/orders: The Court GRANTS IN PART defendants' ex parte application to the extent that time is shortened and the hearing on the motion to Compel Documents from Non-Party Chilico, LLC in Response to Demand Nos. 10-18 of Deposition Subpoena for Production of Business Records is scheduled for 04/17/2019 at 08:20 AM in department 20. In the interim, the parties will meet and confer in an effort to resolve this discovery dispute without the need for a hearing. If the dispute is resolved, no appearance is necessary if the parties so notify the Court at least 2 days beforehand. Ex Parte Application to Compel Documents from Non-Party Chilico, LLC in Response to Demand Nos. 10-18 of Deposition Subpoena for Production of Business Records continued to 04/17/2019 at 08:30 AM in department 20. VEN-FNR-10.03 MINUTE ORDER DATE: 03/29/2019 Page 1 DEPT: 20 CASE TITLE: Huy Fong Foods Inc vs. Underwood Ranches LP CASE NO: 56-2017-00505141-CU-BC-VTA Counsel for Chilico and Underwood shall serve and file supplemental briefs by no later than 4:00 p.m. on April 12, 2019. The Court authorizes service by email with pdf attachment. The parties stipulate on the record that the Court may consider all of the pleadings filed in relation to this discovery dispute in ruling on the motion set for hearing on April 17th. The parties stipulate and the Court orders that discovery deadlines as to the pending discovery dispute concerning documents subpoenaed from Chilico, and the continued depositions of Mr. Tran and Ms. Lam in relation thereto, are extended to and including April 17, 2019. They may be extended further by stipulation of the parties and/or order of the Court at the conclusion of that hearing. Trial date of April 29, 2019 is to remain on calendar. The parties shall meet and confer within the next week and submit to the Court a stipulation and proposed order continuing the trial to accommodate the resolution of this discovery dispute. The Court is amenable to continuing the trial a brief period to permit the resolution of this discovery dispute. Counsel for Underwood will provide notice and a proposed order consistent with the above. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 03/29/2019 Page 2 DEPT: 20