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

1 | Richard K. Howell (State Bar No. 144241) [email protected] | Ronald P. Oines (State Bar No. 145016) [email protected] | Gerard M. Mooney (State Bar No. 222137) [email protected] | Lucas Hori (State Bar No. 294373) [email protected] | RUTAN & TUCKER, LLP 18575 Jamboree Road, 9th Floor | Irvine, CA 92612 Telephone: 714-641-5100 | Facsimile: 714-546-9035 | Attorneys for Defendants CALIFORNIA BERRY CULTIVARS, LLC and | DOUGLAS SHAW 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION | DRISCOLL’S, INC. Case No. 2:19-cv-00493-TLN-CKD Honorable Troy L. Nunley | and Courtroom: 2 | DRISCOLL’S OF EUROPE B.V., JOINT STIPULATION TO SCHEDULE 16 Plaintiffs, SEALING REQUESTS; ORDER 17 V. Date Action Filed: March 20, 2019 | CALIFORNIA BERRY CULTIVARS, LLC Trial Date: Not Yet Set | and | DOUGLAS SHAW, 21 Defendants. 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 | California Berry Cultivars, LLC and Douglas Shaw, on the other hand (together, the “Parties’’) | 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 | motions concerning invalidity counterclaims. (Dkt. 161.) Per that order, the Parties filed summary | judgment motions as to those counterclaims on June 27, 2025. (Dkts. 167, 171.) The Parties are to | file their opposition briefs by July 25, 2025.

9 2. The Parties anticipate their respective opposition briefs will contain materials | designated confidential under this action’s stipulated protective order, and that the respective sides | may submit for sealing materials in which the opposite side has a confidentiality interest. The | Parties anticipate such records will be submitted under seal in the first instance on July 25.

13 3. The Parties acknowledge documents filed with a dispositive motion may be sealed | 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 | acknowledge this Court’s civil standing order provides “The Court will only consider requests to | 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 | and to timely prepare factual submissions supporting permanent sealing of appropriate confidential | documents contained or referenced with those filings, the Parties request until Friday August 1, | 2025, to file requests (supported by declarations if necessary) to permanently seal records submitted | with the Parties’ July 25, 2025, opposition briefing pursuant to Local Rules 140 and 141.

23 Stipulation.

24 Based on the foregoing and subject to the Court’s approval, the Parties stipulate they shall | have until August 1, 2025, to file requests (including any evidentiary support) to permanently seal | confidential information submitted under seal in the first instance in connection with Parties’ July | 25, 2025, summary judgment opposition filings. The Parties respectfully request the Court enter | the attached proposed order confirming this schedule.

Case No. 2:19-cv-00493-TLN-CKD | Dated: July 23, 2025 Respectfully submitted, MORRISON & FOERSTER LLP RUTAN & TUCKER, LLP By: /s/ Matthew A. Chivvis By: /s/ Gerard M. Mooney 6 MATTHEW A. CHIVVIS GERARD M. MOONEY 7 Attorneys for Plaintiffs Attorneys for Defendants DRISCOLL’S, INC. AND CALIFORNIA BERRY CULTIVARS, 8 DRISCOLL’S OF EUROPE B.V. LLC AND DOUGLAS SHAW 1] Case No. 2:19-cv-00493-TLN-CKD 1 ORDER 2 Based on the Parties’ Joint Stipulation, and for good cause shown, IT IS ORDERED: 3 1. The Parties shall have until August 1, 2025, to file requests (including any | evidentiary support) to permanently seal confidential information submitted under seal in the first | instance in connection with Parties’ July 25, 2025, opposition filings.

6 2. Material submitted under seal in connection with the Parties’ July 25, 2025, | opposition filings shall not put in the public record until after the Court rules on the sealing requests | to be filed on August 1, 2025.

Lal Pod Dated: July 23, 2025 ll Troy L. Nunley Chief United States District Judge Case No. 2:19-cv-00493-TLN-CKD