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

Filing 77

STIPULATION Resetting Hearing on Defendant's 71 Motion to Stay; ORDER, signed by District Judge Anthony W. Ishii on 12/4/2014. (Motion to Stay Proceedings Pending Resolution of Appeal previously set for 1/12/2015, is RESET for 1/26/2015, 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)

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]

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

6 Donald H. Glasrud (CSBN 042491)
Dietrich, Glasrud, Mallek & Aune
7 An Association Including Law Corporations
5250 North Palm Avenue, Suite 402
8 Fresno, California 93704
Telephone: [phone]
9 Facsimile: [phone]
Email: [e-mail]
10 Email: [e-mail].
11 Attorneys for Defendant
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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16 EMINENCE INVESTORS, L.L.L.P., an
Arkansas Limited Liability Limited Partnership,
17 Individually, and on behalf of all others similarly
situated, Plaintiff, and John Does,
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Plaintiff,

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

STIPULATION RESETTING HEARING
ON DEFENDANT’S MOTION TO STAY;
ORDER
Hearing Date: January 12, 2014
Hearing Time: 1:30 p.m.
Judge:
Hon. Anthony W. Ishii

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vs.
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THE BANK OF NEW YORK MELLON, a New
23 York Banking Corporation and Does 1 to 25,
Inclusive,
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Defendant.
IT IS HEREBY STIPULATED by and between the parties to this action, through their
attorneys of record, as follows:

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

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Recitals:

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1.

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

3 Resolution of Appeal in this Court and set the motion for hearing on November 17, 2014.
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2.

On November 6, 2014, pursuant to an agreement between the parties, this Court

5 continued the hearing on the Motion to Stay to January 12, 2015 at 1:30 p.m.
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3.

Defense counsel, Mr. Schaffer’s wife has been scheduled to have back surgery on

7 January 5, 2014.
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4.

The parties wish to continue the hearing on the Motion to Stay to accommodate Mr.

9 Schaffer’s wife’s surgery, and 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 26, 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: December 4, 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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STIPULATION RESETTING HEARING ON DEFENDANT’S MOTION TO STAY; ORDER

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DATED: December 4, 2014

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REED SMITH LLP
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AND

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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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ORDER

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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12 IT IS SO ORDERED.
13 Dated: December 4, 2014
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SENIOR DISTRICT JUDGE
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STIPULATION RESETTING HEARING ON DEFENDANT’S MOTION TO STAY; ORDER