Flagship West LLC, et al v. Excel Realty Partner, et al

Filing 499

SUPPLEMENTAL SCHEDULING CONFERENCE ORDER FOLLOWING REMAND, signed by Judge Oliver W. Wanger on 8/13/09: Plaintiffs' Opening Brief ddl 9/4/2009; Defendants' Opposition ddl 10/2/2009; Plaintiffs' Reply ddl 10/6/2009; Hearing set for 11/2/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger.(Hellings, J)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I. Date of Scheduling Conference. A Scheduling Conference was held following spreading of the mandate in the District Court on August 12, 2009. were represented by John Fairbrook, Esq. Plaintiffs Defendants/ Appellants. v. EXCEL REALTY PARTNERS, L.P.; a Delaware limited partnership, NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation, Plaintiff/ Appellees, FLAGSHIP WEST LLC, a California limited liability company, MARVIN J. REICHE; KATHLEEN REICHE, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:02-cv-5200 OWW SUPPLEMENTAL SCHEDULING CONFERENCE ORDER FOLLOWING REMAND Plaintiffs' Opening Brief Filing Deadline: 9/4/09 Defendants' Opposition Filing Deadline: 10/2/09 Plaintiffs' Reply Filing Deadline: 10/16/09 Hearing Date: 11/2/09 11:00 Ctrm. 3 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

Defendants were

represented by Mark E. Kogan, Esq., and Stephen E. Carroll, Esq. After discussion, the following Scheduling Order is entered: 1. Plaintiffs shall file their opening brief concerning

the issue of the enforceability of the rescission clause of the governing contract on or before September 4, 2009. 1

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2.

Defendants shall file their opposition on or before

October 2, 2009. 3. 16, 2009. 4. The matters shall be heard on November 2, 2009, in Plaintiff shall not raise any new Plaintiffs' reply shall be filed on or before October

Courtroom 3 at 11:00 a.m.

matter in the reply memorandum of law.

IT IS SO ORDERED. Dated: August 13, 2009 emm0d6 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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