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Luchetti v. Hershey Co.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


January 21, 2009

LARRY LUCHETTI, PLAINTIFF,
v.
THE HERSHEY COMPANY, A DELAWARE CORPORATION, AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

ORDER GRANTING LEAVE TO FILE FIRST AMENDED COMPLAINT, WITH DEMAND FOR JURY TRIAL, AND CONTINUING TRIAL DATE AND RELATED DATES

WHEREAS, Plaintiff Larry Luchetti has tendered to Defendant The Hershey Company a proposed "First Amended Complaint, with Demand for Jury Trial", adding a new "Common Law Wrongful Termination in Violation of Public Policy" cause of action, pleading specific CAL- OSHA regulations Plaintiff alleges were violated, and adding additional factual details to his claims for punitive damages;

WHEREAS, Defendant The Hershey Company has stipulated to the filing of such First Amended Complaint, provided Plaintiff Larry Luchetti make himself available for further 28 deposition regarding these new allegations, any information or subjects that come to light as a result of Plaintiff's testimony about these new allegations, and any further information provided by Plaintiff in supplementing his prior discovery responses, and provided that Plaintiff stipulate 3 to continuing by approximately ninety (90) days the trial date and related dates (in particular the dispositive motion deadline), in order that Defendant not be prejudiced by this amendment;

THEREFORE, it is ORDERED that:

1. Plaintiff Luchetti is hereby granted leave to file the subject First Amended Complaint;

2. Plaintiff Luchetti shall make himself available for further deposition regarding new allegations raised in such First Amended Complaint, any information or subjects that come to light as a result of Plaintiff's testimony about these new allegations, and any further information provided by Plaintiff in supplementing his prior discovery responses; and

3. The trial date and related dates (including the dispositive motion deadlines, the fact discovery cut-off and other dates set forth in the Court's Pretrial Preparation Order) shall be continued by roughly ninety (90) days to mutually agreeable dates that pose no conflict on the Court's calendar and on respective counsel's calendars, which dates shall be specifically estab-18 lished at the upcoming January 23, 2009, Case Management Conference.

HON. SUSAN ILSTON, JUDGE

Motions: 7/17/09 UNITED STATES DISTRICT COURT

Pretrial: 9/15/09

Jury Trial: 9/28/09 24 25 26 27 28

Read and Approved for Entry:

20090121

© 1992-2009 VersusLaw Inc.



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