Natomas Gardens Investment Group LLC et al v. Sinadinos et al

Filing 389

ORDER signed by Judge Lawrence K. Karlton on 5/17/12 re 388 Request filed by Orchard Park Development LLC: IT IS ORDERED that the "Request," which purports to be in the nature of a stipulation, but which does not comply with the Local Rules, including E.D. Cal. R. 143, is hereby DENIED. (Meuleman, A)

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1 THOMAS W. BARTH, SBN 154075 2 431 I Street, Suite 201 Sacramento, California 95814 Telephone: (916) 440-8600 Facsimile: (916) 440-9610 Email: tbarth@btdlaw.net 3 4 5 BARTH TOZER & DALY LLP Attorneys for Plaintiff ORCHARD PARK DEVELOPMENT LLC 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 NATOMAS GARDENS INVESTMENT GROUP LLC, a California limited liability company, ORCHARD PARK DEVELOPMENT LLC, a California limited liability company, 11 B ARTH T OZER & D ALY LLP A TTORNEYS A T L AW S ACRAMENTO , C ALIFORNIA Plaintiffs, 12 Case No. 2:08-CV-02308-LKK-EFB REQUEST TO CONTINUE STATUS CONFERENCE AND ORDER v. 13 14 15 JOHN G. SINADINOS, STANLEY J. FOONDOS, STEPHEN FOONDOS, VILLAGE CAPITAL GROUP LLC, a California limited liability company, VINTAGE CREEK LLC, et al., 16 Defendants. 17 AND RELATED CROSS CLAIMS. 18 It is hereby requested, as agreed among the parties to the above action, that the 19 20 status conference scheduled for May 21, 2012, at 2:00 p.m. be continued approximately three (3) 21 weeks, at the discretion of the Court for specific scheduling. The parties are close to agreement on the terms of a settlement. Plaintiffs and 22 23 defendants have agreed to request the continuance to allow time for completing the agreement, 24 execution by the parties and counsel, and the filing of appropriate pleadings with the Court. 25 Plaintiff Orchard Park Development LLC respectfully requests that the Court 26 consider this application on behalf of all parties without a signed stipulation, because of the short 27 time before the scheduled conference, the unavailability of all counsel for timely preparation of a 28 stipulation, and in the interest of timely notification to the Court of the request. The parties have {00006520} REQUEST TO CONTINUE STATUS CONFERENCE AND [PROPOSED] ORDER [CASE NUMBER 2:08-CV-02308-LKK-EFB] 1 discussed the terms of settlement, defendants' counsel transmitted a draft agreement today and 2 will be unavailable in depositions in Santa Barbara and Los Angeles tomorrow. Counsel for 3 plaintiff Natomas Gardens Investment Group LLC is attending to required family medical care 4 and would be travelling from San Francisco to attend the status conference, if it is held as 5 scheduled. 6 Dated: May 16, 2012. 7 Respectfully submitted, BARTH TOZER & DALY LLP 8 By 9 /s/ Thomas W. Barth THOMAS W. BARTH 10 ORDER 11 B ARTH T OZER & D ALY LLP A TTORNEYS A T L AW S ACRAMENTO , C ALIFORNIA IT IS ORDERED that the “Request,” which purports to be in the nature of a 12 stipulation, but which does not comply with the Local Rules, including E.D. Cal. R. 143, is 13 hereby DENIED. 14 15 Dated: May 17, 2012. 16 17 18 19 20 21 22 23 24 25 26 27 28 {00006520} -2- REQUEST TO CONTINUE STATUS CONFERENCE AND [PROPOSED] ORDER [CASE NUMBER 2:08-CV-02308-LKK-EFB]

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