Driscoll's, Inc. v. California Berry Cultivars, LLC

Opinion

1 | Richard K. Howell (State Bar No. 144241) rhowell@rutan.com 2 | Ronald P. Oines (State Bar No. 145016) roines@rutan.com 3 | Gerard M. Mooney (State Bar No. 222137) gmooney@rutan.com 4 | Lucas Hori (State Bar No. 294373) lhori@rutan.com 5 | RUTAN & TUCKER, LLP 18575 Jamboree Road, 9th Floor 6 | Irvine, CA 92612 Telephone: 714-641-5100 7 | Facsimile: 714-546-9035 8 | Attorneys for Defendants CALIFORNIA BERRY CULTIVARS, LLC and 9 | DOUGLAS SHAW 11 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 12 13 | DRISCOLL’S, INC. Case No. 2:19-cv-00493-TLN-CKD Honorable Troy L. Nunley 14 | and Courtroom: 2 15 | DRISCOLL’S OF EUROPE B.V., JOINT STIPULATION TO SCHEDULE 16 Plaintiffs, SEALING REQUESTS; ORDER 17 V. Date Action Filed: March 20, 2019 18 | CALIFORNIA BERRY CULTIVARS, LLC Trial Date: Not Yet Set 19 | and 20 | DOUGLAS SHAW, 21 Defendants. 22 23 24 25 26 27 28 n & Tucker, LLP Case No. 2:19-cv-00493-TLN-CKD

1 Plaintiffs Driscoll’s, Inc. and Driscoll’s of Europe, B.V., on the one hand, and Defendants 2 | California Berry Cultivars, LLC and Douglas Shaw, on the other hand (together, the “Parties”) 3 | submit this joint stipulation to schedule sealing requests. 4 Recitals. 5 1. On April 29, 2025, the Court entered an order establishing deadlines for dispositive 6 | motions concerning invalidity counterclaims. (Dkt. 161.) Per that order, the Parties filed summary 7 | judgment motions as to those counterclaims on June 27, 2025. (Dkts. 167, 171.) The Parties filed 8 | opposition briefs on July 25, 2025. The Parties’ reply briefs are due on August 15, 2025. 9 2. The Parties anticipate their respective reply briefs will contain materials designated 10 | confidential under this action’s stipulated protective order, and that the respective sides may submit 11 | for sealing materials in which the opposite side has a confidentiality interest. The Parties anticipate 12 | such records will be submitted under seal in the first instance on August 15. 13 3. The Parties acknowledge documents filed with a dispositive motion may be sealed 14 | only upon a showing of “articulate[] compelling reasons supported by specific factual findings.” 15 | Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). The Parties further 16 | acknowledge this Court’s civil standing order provides “The Court will only consider requests to 17 | seal or redact filed by the proponent of sealing or redaction.” 18 4. To allow the Parties the opportunity to review their adversaries’ respective filings 19 | and to timely prepare factual submissions supporting permanent sealing of appropriate confidential 20 | documents contained or referenced with those filings, the Parties request until Friday August 22, 21 | 2025, to file requests (supported by declarations if necessary) to permanently seal records submitted 22 | with the Parties’ August 15, 2025, reply briefing pursuant to Local Rules 140 and 141. The Court 23 | previously approved a similar stipulation and process for sealing of materials submitted with the 24 | Parties’ opposition papers. (Dkt. 184.) 25 Stipulation. 26 Based on the foregoing and subject to the Court’s approval, the Parties stipulate they shall 27 | have until August 22, 2025, to file requests (including any evidentiary support) to permanently seal 28 | confidential information submitted under seal in the first instance in connection with Parties’ August Case No, 2:19-cv-00493-TLN-CKD

1 | 15, 2025, summary judgment reply filings. The Parties respectfully request the Court enter the 2 | attached proposed order confirming this schedule. 3 | Dated: August 14, 2025 Respectfully submitted, MORRISON & FOERSTER LLP RUTAN & TUCKER, LLP By: /s/ Matthew A. Chivvis By: /s/ Gerard M. Mooney 9 Attorneys for Plaintiffs Attorneys for Defendants DRISCOLL’S, INC. AND CALIFORNIA BERRY CULTIVARS, 10 DRISCOLL’S OF EUROPE B.V. LLC AND DOUGLAS SHAW 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No, 2:19-cv-00493-TLN-CKD

2 Based on the Parties’ Joint Stipulation, and for good cause shown, IT IS ORDERED: 3 1. The Parties shall have until August 22, 2025, to file requests (including any 4 | evidentiary support) to permanently seal confidential information submitted under seal in the first 5 | instance in connection with Parties’ August 15, 2025, reply filings. 6 2. Material submitted under seal in connection with the Parties’ August 15, 2025, reply 7 | filings shall not put in the public record until after the Court rules on the sealing requests to be filed 8 | on August 22, 2025. 7, 10 | Dated: August 15, 2025 Honorable Troy L. ey 11 United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No, 2:19-cv-00493-TLN-CKD