Driscoll's, Inc. v. California Berry Cultivars, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
DRISCOLL’S, INC., et al., No. 2:19–cv–00493–TLN–CKD Plaintiffs, ORDER ON MOTION TO STAY
DISCOVERY
v. (ECF No. 39) CALIFORNIA BERRY CULTIVARS, LLC, et al., 15 Defendants. 16 Presently before the court is defendants’ motion for a protective order affirming or reinstating a blanket stay of discovery in this litigation. (ECF No. 39.) The parties filed a joint statement regarding the discovery disagreement, along with supporting declarations and exhibits. (ECF Nos. 39-42.) The court heard remote arguments on the motions on October 20, 2021. (ECF No. 43.) For the following reasons, the court DENIES defendants’ motion. BACKGROUND A. Legal Background: Plant Patent Law Because this motion to stay turns in part on the likelihood of whether defendants will prevail on their pending motion to dismiss (ECF No. 34), a brief discussion of the law pertaining to the merits of that motion is helpful. 27 1 The matter was referred to the undersigned pursuant to Local…