Eminence Investors, L.L.L.P. v. The Bank of New York Mellon

Filing 74

STIPULATION Resetting Hearing on Defendant's 71 Motion to Stay; ORDER, signed by District Judge Anthony W. Ishii on 11/6/2014. (Motion to Stay Proceedings Pending Resolution of Appeal previously set for 11/17/2014, is RESET for 1/12/2015, at 01:30 PM in Courtroom 2 (AWI) before District Judge Anthony W. Ishii. Plaintiffs deadline to respond to the motion shall run from the new hearing date.)(Gaumnitz, R)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 Mike C. Buckley (CSBN 044919)
Eric A. Schaffer (Pro Hac)
2 Reed Smith LLP
101 Second Street, Suite 1800
3 San Francisco, CA 94105-3659
Telephone: [phone]
4 Facsimile: [phone]
Email: [e-mail]
5 Email: [e-mail]
6 Donald H. Glasrud (CSBN 042491)
Bruce A. Owdom (CSBN 077670)
7 Dietrich, Glasrud, Mallek & Aune
An Association Including Law Corporations
8 5250 North Palm Avenue, Suite 402
Fresno, California 93704
9 Telephone: [phone]
Facsimile: [phone]
10 Email: [e-mail]
Email: [e-mail].
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Attorneys for Defendant
12 The Bank of New York Mellon
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EMINENCE INVESTORS, L.L.L.P., an
17 Arkansas Limited Liability Limited Partnership,
Individually, and on behalf of all others similarly
18 situated, Plaintiff, and John Does,
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Plaintiff,

No.: 1:13-cv-02025-AWI-MJS

STIPULATION RESETTING HEARING
ON DEFENDANT’S MOTION TO STAY;
ORDER

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Hearing Date: November 17, 2014
Hearing Time: 1:30 p.m.
Judge:
Hon. Anthony W. Ishii

vs.

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23 THE BANK OF NEW YORK MELLON, a New
York Banking Corporation and Does 1 to 25,
24 Inclusive,
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Defendant.
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STIPULATION RESETTING HEARING ON DEFENDANT’S MOTION TO STAY; ORDER

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IT IS HEREBY STIPULATED by and between the parties to this action, through their

2 attorneys of record, as follows:
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Recitals:

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1.

On October 8, 2014, Defendant filed a Motion to Stay Proceedings Pending

5 Resolution of Appeal in this Court, which motion is set for hearing on November 17, 2014.
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2.

The parties have not previously sought or received any extensions from the Court

7 regarding the Motion to Stay Proceedings Pending Resolution of Appeal.
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3.

The parties would like time to attempt to resolve this matter through settlement, and

9 to that end, seek the Court’s approval as follows.

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Agreement:

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IT IS HEREBY AGREED by and between the parties that the hearing on Defendant’s

12 Motion to Stay Proceedings Pending Resolution of Appeal shall be reset for January 12, 2015, at
13 1:30 p.m. and Plaintiff’s deadline to respond to the motion shall run from the new hearing date.
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DATED: November 6, 2014

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RUMMONDS BARRON THORNTON, LLP

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AND

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THORNTON LAW GROUP, P.C.

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By: _/s/ Douglas V. Thornton
DOUGLAS V. THORNTON,
Attorneys for Plaintiff
Eminence Investors, L.L.L.P.

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DATED: November 6, 2014
REED SMITH LLP
AND

DIETRICH, GLASRUD, MALLEK & AUNE

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By: /s/ Eric A. Schaffer
ERIC A. SCHAFFER,
Attorneys for Defendant
The Bank of New York Mellon
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STIPULATION RESETTING HEARING ON DEFENDANT’S MOTION TO STAY; ORDER

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ORDER

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IT IS SO ORDERED.

4 Dated: November 6, 2014

SENIOR DISTRICT JUDGE

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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STIPULATION RESETTING HEARING ON DEFENDANT’S MOTION TO STAY; ORDER