UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 17, 2012
SHINGLE SPRINGS BAND OF MIWOK INDIANS, PLAINTIFF,
CESAR CABALLERO, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. John A. Mendez
ORDER GRANTING SHINGLE SPRINGS BAND OF MIWOK INDIANS' EX PARTE APPLICATION FOR LEAVE TO FURTHER DEPOSE CESAR CABALLERO AND FILE AMENDED COMPLAINT REGARDING NEWLY DISCOVERED MISCONDUCT
Upon review and consideration of Plaintiff Shingle Springs Band of Miwok Indians' ("Tribe") Ex Parte Application for Leave to Further Depose Cesar Caballero and File Amended Complaint Regarding Newly Discovered Misconduct ("Application"); the papers filed in support of the Tribe's Application, including the declaration of Ian Barker; the court file in the above-captioned case; and other good cause appearing therefor:
The Court finds that: (1) the Tribe has been denied the benefit of full discovery in this case as a result of Mr. Caballero's apparent concealment of conduct potentially infringing the Tribe's trademark rights and the Court's preliminary injunction; and (2) good cause exists for, and the interests of justice will be served by, permitting the Tribe to investigate and seek relief in this 2 action based on recently discovered and apparently serious conduct of Mr. Caballero.
Accordingly, IT IS HEREBY ORDERED THAT:
1. There is good cause for an order extending the deadlines in this case to permit Plaintiff to further depose Mr. Caballero in this action;
2. Mr. Caballero shall participate in good faith in an additional deposition by Plaintiff lasting no more than one day;
3. A notice of deposition served at least seven (7) days in advance of the deposition date(s) sent via U.S. Mail to Mr. Caballero's address of record with the court (currently 6368 Pleasant Valley Road, El Dorado, California 95623) and via email to email@example.com shall constitute sufficient notice to compel Mr. Caballero's attendance at such a deposition;
4. The parties may seek further judicial relief in connection with discovery disputes that is not inconsistent with this order;
5. Within 7 days of the date this Order is filed, the Tribe may file an amended complaint incorporating conduct of Mr. Caballero discovered since the Tribe filed its previous complaint; and
6. The deadlines previously set by the Court in this action are modified as follows: Event Previous Date New Date
(per order filed May 14, 2012)
Last Day To Complete Discovery July 16, 2012 August 31, 2012 Last Day To File Dispositive Motions August 15, 2012 October 8, 2012 Hearing on Dispositive Motions September 19, 2012, November 7, 2012, 9:30 a.m. 9:30 a.m.
Last Day To File Joint Pretrial October 12, 2012 January 11, 2013 Statement Final Pretrial Conference October 19, 2012, January 18, 2013, 11:00 a.m.
Trial Date December 3, 2012, March 4, 2013 9:00 a.m.
Honorable John A. Mendez United States District Court Judge
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