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Britz Fertilizers, Inc. v. Bayer Corp.

IN THE UNITED SATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, FRESNO DIVISION


August 29, 2008

BRITZ FERTILIZERS, INC., PLAINTIFF,
v.
BAYER CORPORATION; BAYER CROPSCIENCE, LP, DEFENDANTS

The opinion of the court was delivered by: Oliver W. Wanger, U.S. District Court Judge

JOINT REQUEST TO RESET DISCOVERY CUT-OFF DATE, PRE-TRIAL MOTION SCHEDULE AND PRE- TRIAL CONFERENCE; ORDER THEREON NOTE: Pretrial Conference date January 5, 2009 JOINT REQUEST

The parties in this case, acting through their respective counsel, jointly request that the discovery cut-off and time by which all non-dispositive pre-trial motions, including any discovery motions, and all dispositive pre-trial motions be extended. The parties also request that the pre-trial conference date be continued.

Specifically, the parties request that the Court order that the discovery cut-off date be extended to October 24, 2008. Further, the parties request that the filing date for all non- Joint Request to Reset Pre-Trial Motion Schedule dispositive pre-trial motions, including any discovery motions, shall be extended to November 3, 2008, and such motions shall be heard on or before December 5, 2008 at 9:30 a.m. before Magistrate Judge Sandra M. Snyder in Courtroom 7. The parties further request that the filing date for all dispositive pre-trial motions shall be extended to November 10, 2008, and such motion shall be heard on or before December 15, 2008, at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

The parties request that the Pre-Trial Conference be continued to January 12, 2009 at 11:00 a.m. in Courtroom 3 before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

The reasons for this request are that despite being diligent in conducting discovery, numerous depositions remain to be taken and certain discovery law and motion matter are left to be resolved.

While the parties have, in good faith, engaged in extensive oral and written discovery, such discovery cut-off dates are required to be extended to October 24, 2008. The partie s request that the corresponding dates to file dispositive and non-dispositive pre-trial motions to be extended in light of the discovery date extensions.

ORDER

GOOD CAUSE APPEARING, IT IS ORDERED as follows: The Scheduling Conference Order dated February 7, 2008 is amended as follows: IX. Discovery Plan and Cut-Off Date 5. The parties are ordered to complete all discovery on or before October 24 , 2008.

X. Pre-Trial Motions Schedule.

1. All Non-Dispositive Pre-Trial Motions, including any discovery motions, will be filed on or before November 3, 2008, and heard on or before December 5, 2008, at 9:00 a.m. before Magistrate Judge Sandra M. Snyder in Courtroom 7.

2. In scheduling such motions, the Magistrate Judge may grant applications for an order shortening time pursuant to Local Rule 142(d). However, if counsel does not obtain an order shortening time, the notice of motion must comply with Local Rule 251.

3. All Dispositive Pre-Trial Motions are to be filed no later than November 10, 2008, and will be heard on or before December 15, 2008 at 10:00 a.m. before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, 7th Floor. In scheduling such motions, counsel shall comply with Local Rule 230.

XI. Pre-Trial Conference Date.

1. The Pre-Trial Conference be continued to January 5, 2009 at 11:00 a.m. in Courtroom 3 before the Honorable Oliver W. Wanger, United States District Judge, in Courtroom 3, Seventh Floor.

20080829

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