Sinclair et al v. Fox Hollow, et al

Filing 748

Stipulation Resolving Motion to Compel Deposition of Gregory Machley 694 Motion Granted; Ex Parte Application to Extend Time for Deposition of Gregory Machley; and ORDER Thereon, signed by Magistrate Judge Dennis L. Beck on 8/23/11. (Gonzalez, R)

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D. Greg Durbin, # 81749
John M. Dunn, # 166482
Daniel S. Cho, # 260902
McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
Telephone:
[phone]
Facsimile:
[phone]

(SPACE BELOW FOR FILING STAMP ONLY)

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Attorneys Plaintiffs, Defendants and Cross-Defendants
FOX HOLLOW OF TURLOCK OWNERS
ASSOCIATION and CALIFORNIA EQUITY
MANAGEMENT GROUP, INC. and Defendant and
Cross-Defendant ANDREW KATAKIS

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[continued on signature page]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FOX HOLLOW OF TURLOCK
OWNERS' ASSOCIATION, a California
Nonprofit Mutual Benefit Corporation,

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Plaintiff,
v.
RICHARD SINCLAIR, an individual; et
al.,
Defendants.

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Case No. CIV-F-03-5439 OWW DLB
(Consolidated with 1:03-CV-5774 OWW SMS)
and Stanislaus County Superior Court Case No.
322675
STIPULATION RESOLVING MOTION TO
COMPEL DEPOSITION OF GREGORY
MAUCHLEY [DOCKET # 694];
EX PARTE APPLICATION TO EXTEND
TIME FOR DEPOSITION OF GREGORY
MAUCHLEY; AND
ORDER THEREON
Hearing:
Date:
August 26, 2011
Time:
9:00 a.m.
Courtroom: 9, Hon. Dennis L. Beck

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AND CONSOLIDATED ACTIONS

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

12444/00001-1789019.v1
STIPULATION RESOLVING MOTION TO COMPEL DEPOSITION OF GREGORY MAUCHLEY [DOCKET # 694]; EX PARTE
APPLICATION TO EXTEND TIME FOR DEPOSITION OF GREGORY MAUCHLEY; AND ORDER THEREON

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STIPULATION AND EX PARTE APPLICATION

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WHEREAS, Plaintiffs, Defendants and Cross-Defendants FOX HOLLOW OF

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TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT

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GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS (collectively the

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“CEMG/Fox Hollow Parties”), originally noticed the deposition in the within action of Defendant

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GREGORY MAUCHLEY (“Mr. MAUCHLEY”) to occur on June 9, 2011;

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WHEREAS, in connection with the resolution of a Motion to Compel Discovery

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Responses from Mr. MAUCHLEY [Docket # 571], Mr. MAUCHLEY agreed to appear in

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California for his deposition on or before July 29, 2011, although he resides in the state of Utah;

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WHEREAS, pursuant to the Ex Parte Application filed by the CEMG/Fox Hollow Parties

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on June 3, 2011 [Docket # 611], the Court issued its Order on June 3, 2011 [Docket # 612]

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extending the time within which the deposition of Mr. MAUCHLEY may be taken up to and

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including July 29, 2011 [that otherwise was beyond the discovery cut-off in the within action of

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June 15, 2011];

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WHEREAS, the CEMG/Fox Hollow Parties ultimately served an Amended Notice of

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Mr. MAUCHLEY’s deposition, setting his deposition to occur in Modesto, California, on July 26,

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2011;

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WHEREAS, the CEMG/Fox Hollow Parties on July 26, 2011, filed a Motion to Compel

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Mr. MAUCHLEY to attend his deposition [Docket # 694] in light of the fact Mr. MAUCHLEY

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without the consent of CEMG/Fox Hollow Parties did not appear for his deposition as so noticed;

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WHEREAS, counsel for the CEMG/Fox Hollow Parties and for Mr. MAUCHLEY have

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met and conferred for purposes of resolving said motion and have reached the agreement as

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herein set forth; and

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WHEREAS, the new date agreed upon for Mr. MAUCHLEY deposition is well in
advance of the currently set pre-trial conference on October 17, 2011:

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NOW, THEREFORE, it is hereby stipulated and agreed by and between CEMG/Fox

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Hollow Parties and Mr. MAUCHLEY through their respective counsel of record herein, and

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request is made of the Court to grant the ex parte application herein and to enter an order as
12444/00001-1789019.v1
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

STIPULATION RESOLVING MOTION TO COMPEL DEPOSITION OF GREGORY MAUCHLEY [DOCKET # 694]; EX PARTE
APPLICATION TO EXTEND TIME FOR DEPOSITION OF GREGORY MAUCHLEY; AND ORDER THEREON

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follows:

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1.

The motion to compel Mr. MAUCHLEY to appear at his deposition be granted,

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and Mr. MAUCHLEY hereby agrees to appear for his deposition at the offices of counsel for the

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CEMG/Fox Hollow Parties in Modesto, California, at 9:00 am on Saturday, September 24, 2011;

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and

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2.

The ex parte application by the CEMG/Fox Hollow Parties and Mr. MAUCHLEY

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to extend the discovery cut off within which said deposition may be taken up to and including

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September 30, 2011, be granted.

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Dated: August 17, 2011

McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP

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By:

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/s/ D. Greg Durbin
D. Greg Durbin
John M. Dunn
Attorneys for Plaintiffs and Defendants
FOX HOLLOW OF TURLOCK
OWNERS ASSOCIATION and
CALIFORNIA EQUITY MANAGEMENT
GROUP, INC. and Defendant ANDREW
KATAKIS

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Dated: August 17, 2011

PERKINS, MANN & EVERETT
A Professional Corporation
2222 West Shaw Avenue, Suite 202
Fresno, California 93711
Telephone [phone]

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By:

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/s/ Curtis D. Rindlisbacher
Douglas V. Thornton,
Curtis D. Rindlisbacher
Attorneys for Defendants Gregory
Mauchley and Mauctrst LLC

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

12444/00001-1789019.v1

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STIPULATION RESOLVING MOTION TO COMPEL DEPOSITION OF GREGORY MAUCHLEY [DOCKET # 694]; EX PARTE
APPLICATION TO EXTEND TIME FOR DEPOSITION OF GREGORY MAUCHLEY; AND ORDER THEREON

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Dated: August 17, 2011

BENNETT TUELLER JOHNSON & DEERE
Millrock Park West Building
3165 East Millrock Drive, Suite 500
Salt Lake City Utah 84121
Telephone [phone]
Facsimile [phone]

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By:

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/s/ James K. Tracy
James K. Tracy
Attorneys for Defendant Gregory
Mauchley

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ORDER

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The parties having so stipulated and agreed, and good cause appearing, it is hereby
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ORDERED THAT:
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1.

The motion to compel Mr. MAUCHLEY to appear at his deposition be and hereby

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is granted, and Mr. MAUCHLEY is ordered to appear for his deposition at the offices of counsel
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for the CEMG/Fox Hollow Parties in Modesto, California, at 9:00 am on Saturday September 24,
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2011; and
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2.

The ex parte application by the CEMG/Fox Hollow Parties and Mr. MAUCHLEY

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to extend the discovery cut off within which said deposition may be taken up to and including
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September 30, 2011, be and hereby is hereby granted.
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IT IS SO ORDERED.

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Dated:

/s/ Dennis

August 23, 2011

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L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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3b142a

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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
5 R IVER PARK PLACE EAST
FRESNO, CA 93720-1501

12444/00001-1789019.v1

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STIPULATION RESOLVING MOTION TO COMPEL DEPOSITION OF GREGORY MAUCHLEY [DOCKET # 694]; EX PARTE
APPLICATION TO EXTEND TIME FOR DEPOSITION OF GREGORY MAUCHLEY; AND ORDER THEREON