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