UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 15, 2012
DELANO FARMS COMPANY; FOUR STAR FRUIT, INC.; GERAWAN FARMING, INC., PLAINTIFFS,
THE CALIFORNIA TALE GRAPE COMMISSION; UNITED STATES OF AMERICA; UNITED STATES DEPARTMENT OF AGRICULTURE; TOM VILSACK, SECRETARY OF AGRICULTURE (IN HIS OFFICIAL CAPACITY) DEFENDANTS.
The opinion of the court was delivered by: Jennifer L. Thurston United States Magistrate Judge
LAWRENCE M. HADLEY (SBN 157728) MCKOOL SMITH HENNIGAN, P.C. 865 South Figueroa Street, Suite 2900 Los Angeles, California 90017 Telephone: (213) 694-1200 Facsimile: (213) 694-1234 lhadley@McKoolSmithHennigan.com THE LAW OFFICES OF RALPH B. WEGIS RALPH B. WEGIS (SBN 67966) 1930 Truxtun Avenue Bakersfield, CA 93301 Telephone: (661) 635-2100 Facsimile: (661) 635-2107 Attorneys for Plaintiffs DELANO FARMS COMPANY; FOUR STAR FRUIT, INC.; GERAWAN FARMING, INC.; and for Third-Parties RB SANDRINI, INC., RB SANDRINI FARMS, L.P., RICHARD B. SANDRINI, and LAWRENCE LUDY [Additional counsel listed on signature page]
STIPULATION REGARDING USE OF DISCOVERY FROM PRIOR LITIGATION
WHEREAS, the lawsuit California Table Grape Commission v. R.B. Sandrini, et al., No. 1:06-cv-00842-OWW-TAG (E.D.Cal.) (the "Sandrini Case"), involved some issues common to those in the present lawsuit, and the parties to this case wish to avoid the unnecessary duplication of discovery efforts already expended in the prior litigation;
WHEREAS, Defendant the California Table Grape Commission ("Commission") was previously a party to, and produced documents in, the Sandrini Case;
WHEREAS, Defendant United States Department of Agriculture produced documents pursuant to a third-party subpoena in the Sandrini Case;
WHEREAS, third parties RB Sandrini, Inc., RB Sandrini Farms, L.P., and Richard B. Sandrini were previously parties to, and produced documents in, the Sandrini Case;
WHEREAS, third party Lawrence Ludy produced documents in the Sandrini Case; WHEREAS, information in certain documents and deposition transcripts in the Sandrini Case, as well as other documents containing that information, were designated as Confidential under the Stipulated Protective Order Regarding Confidential Discovery entered in the Sandrini case on November 13, 2006;
WHEREAS, certain documents containing confidential information were filed under seal in the Sandrini case;
WHEREAS, the Protective Order in the Sandrini case states that Confidential materials may be shared with "[o]thers, if the parties so agree in writing or orally on the record";
WHEREAS, the Protective Order in the Sandrini case states that "Confidential Materials may be used or disseminated by the parties receiving them only for purposes of prosecuting and defending these actions";
WHEREAS, the Scheduling Order entered in this case on February 16, 2012 states: "The parties agree that the discovery adduced in the Sandrini matter may be used in this litigation. The parties SHALL NOT duplicate this discovery but may, as needed, seek additional discovery on topics implicated by the Sandrini discovery";
IT IS HEREBY STIPULATED by the parties to this case, and by third parties RB Sandrini, Inc., RB Sandrini Farms, L.P., Richard B. Sandrini and Lawrence Ludy, through their respective counsel, subject to approval by the Court, as follows:
1. Any documents produced during discovery in the Sandrini Case may be used in the present lawsuit as though such documents were produced during the course of discovery in the present lawsuit and need not be produced again;
2. Any deposition testimony given by any party or third party witness during discovery in the Sandrini case may be used in the present lawsuit as though such testimony was provided during the course of discovery in the present lawsuit;
3. Counsel for the Commission and counsel for the third parties that produced documents in the Sandrini Case may provide documents produced in the Sandrini case to the parties to this case; and
4. The documents and deposition transcripts subject to this stipulation that were previously designated "Confidential" under the Stipulated Protective Order entered in the Sandrini case shall be governed by the Stipulated Protective Order entered in the present litigation as though such materials were designated "Confidential" under the Stipulated Protective Order entered in this litigation.
By stipulating hereto, the parties are not waiving any objections regarding the admissibility of any evidence.
IT IS SO ORDERED.
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