Hooper, et al., v. Hooper

Filing 83

STIPULATION and ORDER signed by Judge John A. Mendez on 3/31/09 re 81 Stipulation and Proposed Order Vacating Existing Pre-trial Scheduling Order and all Litigation Dates. The dates currently in effect purs to the court's existing pre-trial scheduling order are hereby VACATED. The parties shall file an updated joint status on report ON or BEFORE 7/17/2009. (Kastilahn, A)

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DANIEL J. WOODS (SBN 078638) THOMAS J. BENEDICT (SBN 204420) J. JONATHAN HAWK (SBN 254350) WHITE & CASE LLP 633 W. Fifth Street, Suite 1900 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendant and Counter-Claimant KENDRICK HOOPER UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION RITA T. HOOPER AND LOUIS G. HOOPER AS TRUSTEES OF THE GORDON HOOPER REAL ESTATE, INC. EMPLOYEES` PENSION AND PROFIT SHARING PLAN; RITA T. HOOPER, INDIVIDUALLY; LOUIS G. HOOPER, INDIVIDUALLY; GORDON HOOPER REAL ESTATE, INC., Plaintiffs, v. KENDRICK HOOPER, Defendant. CIV.: 2:08-CV-699 JAM KJM JOINT SUBMISSION OF STIPULATION AND ORDER TO VACATE EXISTING PRE-TRIAL SCHEDULING ORDER AND ALL LITIGATION DATES (as modified) Complaint Filed: March 24, 2008 Status Order Issued: June 18, 2008

KENDRICK HOOPER, Counter-Claimant, v. RITA T. HOOPER AND LOUIS G. HOOPER AS TRUSTEES OF THE GORDON HOOPER REAL ESTATE, INC. EMPLOYEES` PENSION AND PROFIT SHARING PLAN; RITA T. HOOPER, INDIVIDUALLY; LOUIS G. HOOPER, INDIVIDUALLY; GORDON HOOPER REAL ESTATE, INC., Counter-Defendants.

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LOSANGELES 813581 (2K)

JOINT STIPULATION TO VACATE PRE-TRIAL SCHEDULING ORDER; CASE NO. 2:08-CV-699-JAM-KJM

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WHEREAS, plaintiffs and counter-defendants Rita T. Hooper and Louis G. Hooper as trustees of the Gordon Hooper Real Estate, Inc. Employees' Pension and Profit Sharing Plan, Rita T. Hooper and Louis G. Hooper, as individuals, and Gordon Hooper Real Estate, Inc., by and through their attorneys, and defendant and counter-claimant Kendrick Hooper, by and through his attorneys, (collectively, the "Parties") jointly submit this stipulation and proposed order to vacate the Court's existing Pre-Trial Scheduling Order and all litigation deadlines, including the April 15, 2009 settlement conference and the September 14, 2009 trial date based on defendant and counter-claimant Kendrick Hooper's death on March 23, 2009. WHEREAS, pursuant to the Parties' request and the Court's March 12, 2009 Order, the Parties agreed to participate in a Settlement Conference on April 15, 2009, before Magistrate Judge Mueller; WHEREAS, trial in this matter is currently scheduled for September 14, 2009; WHEREAS, defendant and counter-claimant Kendrick Hooper passed away on Monday, March 23, 2009; WHEREAS, Kendrick Hooper's death has raised many issues that affect this lawsuit and that the Parties need to resolve before this litigation can proceed; WHEREAS, the Parties agree that, in light of Kendrick Hooper's recent passing and the litigation deadlines and events that are currently scheduled in this case, it is in the best interest of the Parties and the Court to vacate the dates set forth in the Pre-Trial Scheduling Order, including the Settlement Conference and Trial, to allow the Parties an opportunity to resolve the issues related to Kendrick Hooper's passing. WHEREAS, the Parties agree that the current litigation deadlines in effect, including the April 15, 2009 settlement conference and the September 14, 2009 trial date should be vacated pending resolution of the issues raised by Kendrick Hooper's passing. WHEREAS, the Parties respectfully request that the Court vacate the dates currently in effect pursuant to the Court's existing Pre-Trial Scheduling Order and set a case status and/or management conference, preferably in July 2009, or as soon thereafter as it is convenient for the Court, at which time the Parties and the Court can make a determination as to the appropriate 1
JOINT STIPULATION TO VACATE PRE-TRIAL SCHEDULING ORDER; CASE NO. 2:08-CV-699-JAM-KJM

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LOSANGELES 813581 (2K)

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dates for all litigation deadlines, including new dates for a settlement conference and, if necessary, a trial; THE PARTIES, BY AND THROUGH THEIR ATTORNEYS, HEREBY RESPECTFULLY REQUEST AND STIPULATE AS FOLLOWS: (1) That the dates currently in effect pursuant to the Court's existing Pre-Trial Scheduling Order be vacated, including the April 15, 2009 settlement conference and the September 14, 2009 trial date; and (2) The parties shall file an updated joint status report on or before July 17, 2009. (This entry Modified by the court) IT IS SO STIPULATED. Dated: March 31, 2009 WHITE & CASE LLP

By:

/S/ Thomas J. Benedict Thomas J. Benedict Attorneys for Defendant and Counter-Claimant KENDRICK HOOPER

Dated: March 31, 2009

LAW OFFICES OF JOSEPH W. SCALIA

By:

/S/ Joseph Scalia (as authorized on March 31, 2009) Joseph W. Scalia Attorneys for Plaintiffs and CounterDefendants

Dated: March 31, 2009

LAW OFFICES OF SPENCER T. MALYSIAK

By:

/S/ Spencer T. Malysiak (as authorized on March 31, 2009) Spencer T. Malysiak Attorneys for Plaintiffs and CounterDefendants

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LOSANGELES 813581 (2K)

JOINT STIPULATION TO VACATE PRE-TRIAL SCHEDULING ORDER; CASE NO. 2:08-CV-699-JAM-KJM

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Dated: March 31, 2009

LAW OFFICES OF ANTHONY J. POIDMORE

By:

/S/ Anthony J. Poidmore (as authorized on March 31, 2009) Anthony J. Poidmore Attorneys for Plaintiffs and CounterDefendants

IT IS SO ORDERED. DATED: March 31. 2009 /s/ John A. Mendez__ Hon. John A. Mendez

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LOSANGELES 813581 (2K)

JOINT STIPULATION TO VACATE PRE-TRIAL SCHEDULING ORDER; CASE NO. 2:08-CV-699-JAM-KJM