Berry v. Ken M Spooner Farms Inc Doc.

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Case 3:05-cv-05538-FDB Document 39 Filed 12/21/2007 Page 1 of 2

8 UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON
9 AT TACOMA

10 BARBARA BERRY, S.A. de C.V.,,

11 Plaintiff,
Case No. C05-5538FDB
12 v.
ORDER FOR JOINT STATUS
13 KEN M. SPOONER FARMS, INC., REPORT
14 Defendant.
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Plaintiff appealed this Court’s grant of summary judgment in favor of Defendant. The Ninth
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Circuit Court of Appeals reversed and remanded the Order, concluding that there were issues of fact
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in the formation of the Barbara Berry-Spooner Farms contract under the Convention on Contracts
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for the International Sale of Goods (when a contract was formed, what terms were included, and
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whether those terms were later varied); specifically, whether the limitation of liability provision
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within Spooner Farms’ invoice or printed on the top of the boxes in which the goods were shipped is
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a part of the contract that was reached between the parties. Additionally, the Appellate Court
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concluded that some further discovery is likely appropriate.
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NOW, THEREFORE, IT IS ORDERED: The parties shall submit by no later than January
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30, 2008 a Joint Status Report setting forth information as to the following:
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26 ORDER - 1

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 Case 3:05-cv-05538-FDB Document 39 Filed 12/21/2007 Page 2 of 2

1 1. Whether mediation is appropriate;

2 2. When any further discovery may be concluded;

3 3. When the case ready for trial and suggested trial dates when counsel are available;

4 4. Whether trial is jury or nonjury, and how long it will take to try the case; and

5 5. Any other pertinent information or suggestions for expeditiously handling this case.

7 DATED this 21st day of December, 2007.

10
A
FRANKLIN D. BURGESS
UNITED STATES DISTRICT JUDGE
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