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Best Buy Stores, L.P., A v. Manteca Lifestyle Center

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 25, 2011

BEST BUY STORES, L.P., A VIRGINIA LIMITED PARTNERSHIP, PLAINTIFF,
v.
MANTECA LIFESTYLE CENTER, LLC, A DELAWARE LIMITED LIABILITY COMPANY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

At the joint request of plaintiff and counter-defendant Best Buy Stores, L.P. (the "plaintiff" or "Best Buy") and defendant and counter-claimant Manteca Lifestyle Center, LLC (the "defendant" or "Manteca"), the undersigned presided over an informal telephonic conference between the parties on August 25, 2011, at 2:00 p.m.*fn1 Attorney Amy Churan attended telephonically on behalf of the plaintiff. Attorneys Howard Jeruchimowitz and Rita Powers attended telephonically on behalf of the defendant.

For the reasons discussed during the conference, it is hereby ORDERED that:

1. By close of business on Friday, September 2, 2011, defendant Manteca is ordered to produce all communications between Manteca and its tenants*fn2 responsive to the following narrowed topics: "letters of intent, phases/sections, tenant mix, timing and/or delay of construction of buildings, definition of the term shopping center, square footage/GLA of the shopping center, outlet stores, and certificates of occupancy."*fn3

2. The court takes Defendant's Motion For Protective Order, Or, In The Alternative, To Quash The Subpoenas (Dkt. No. 55) under submission at this time.

3. By consent of the parties, Judge Newman will preside over another informal telephonic conference at 2 p.m. on Thursday, September 22, 2011, if necessary. That conference will address the status of Manteca's production of documents responsive to the above-described topics, as well as whether there is a need for additional document production by non-party tenants. The parties shall telephone Judge Newman's courtroom deputy at (916) 930-4187 at 2 p.m. on September 22, 2011. Each party shall file a short "letter brief" regarding the discovery dispute by 5 p.m. on Tuesday, September 20, 2011. The letter briefs may include attachments, if necessary, but the parties should strive for brevity.

IT IS SO ORDERED.


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