MVP Asset Management (USA) LLC v. Vestbirk, et al

Filing 103

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr. on 12/13/2011 EXTENDING Time for Defendant Steven Vestbirk to respond to 79 Second Amended Complaint. Answer due by 2/6/2012; Opposition due by 2/20/2012; Reply due by 2/27/2012. The hearing on the Defendant's anticipated Motion to Dismiss shall be noticed for 3/5/2012. (Michel, G)

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GEORGE L. O„CONNELL (SBN 74037)
TODD M. NOONAN (SBN 172962)
DLA PIPER LLP (US)
400 Capitol Mall, Suite 2400
Sacramento, CA 95814-4428
Tel: [phone]
Fax: [phone]
Attorneys for Specially Appearing Defendant
STEVEN VESTBIRK

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MVP ASSET MANAGEMENT (USA) LLC, a
Delaware Limited Liability Company,

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v.
STEVEN VESTBIRK, JEFF BALLIET,
ALLISON HANSLIK, JIM GRANT, ARK
ROYAL ASSET MANAGEMENT, LTD., a
Bermuda Limited Company, VESTBIRK
CAPITAL MANAGEMENT, LTD., a Bermuda
Limited Company, ARK ROYAL ASSET
MANAGEMENT, LLC, a Nevada LimitedLiability Company, ARK DISCOVERY, LLC, a
Business Entity of Unknown Form, ARK
ROYAL HOLDINGS, LLC, a Nevada LimitedLiability Company, ARK ROYAL SERVICES,
LLC, a Nevada Limited-Liability Company,
ARK ROYAL CAPITAL, LLC, a Nevada
Limited-Liability Company, ARK ROYAL
CAPITAL FUNDING, LLC, a Nevada LimitedLiability Company, ARK ROYAL CAPITAL,
INC., a Nevada Corporation, ARK ROYAL
RESOURCES LLC, a Nevada Limited-Liability
Company, ARK ROYAL ASSURANCE LLC, a
Nevada Limited-Liability Company, and ARK
ROYAL INVESTMENTS, LLC, a Nevada
Limited-Liability Company,

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STIPULATION AND ORDER TO
EXTEND TIME FOR DEFENDANT
STEVEN VESTBIRK TO RESPOND
TO SECOND AMENDED
COMPLAINT

Plaintiff,

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CASE NO. 2:10-cv-02483-GEB-CMK

Defendants.
Plaintiff MVP ASSET MANAGEMENT (USA) LLC (“Plaintiff” or “MVPAM”) and
specially appearing defendant Steven Vestbirk (“Vestbirk”), by and through their respective

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counsel of record, hereby stipulate as follows:
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DLA P IPER LLP (US)
SACRA M E NT O

-1WEST\225673780.1

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO SAC
CASE NO. 2:10-CV-02483-GEB-CMK

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1.

WHEREAS, pending before the Court are two motions to dismiss plaintiff

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MVPAM‟s Second Amended Complaint (“SAC”), which motions were filed by the other

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defendants1 in this action. One of these motions was brought under Rule 12(b)(1) of the Federal

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Rules of Civil Procedure; the other was brought under Rules 12(b)(6) and 12(b)(2) of the

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Federal Rules of Civil Procedure;

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2.

WHEREAS, those motions to dismiss are set for hearing on December 19, 2011;

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3.

WHEREAS, the Plaintiff has filed a proof of service indicating service of foreign

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defendant Steven Vestbirk (“Vestbirk”) with the SAC on or about November 18, 2011;

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4.

WHEREAS, specially appearing defendant Vestbirk, through his counsel, has

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indicated to Plaintiff‟s counsel that he intends to respond to the SAC with a Rule 12(b) motion

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to dismiss challenging, inter alia, this Court‟s personal jurisdiction over him;
5.

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WHEREAS, Plaintiff has agreed to extend Vestbirk‟s time to respond to the

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WHEREAS, counsel for Plaintiff and Vestbirk have consulted the Court‟s law

SAC;

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and motion calendar and met and conferred on a briefing schedule for Vestbirk‟s anticipated

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motion to dismiss.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
the parties hereto, through their respective counsel, as follows:

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1.

Specially Appearing Defendant Vestbirk is not making a general appearance

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through the filing of this Stipulation; Vestbirk shall file and serve his response to the SAC on or

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before February 6, 2012;

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2.

Plaintiff shall file and serve its Opposition on February 20, 2012;

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3.

Vestbirk shall file and serve his Reply on February 27, 2012; and

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DLA P IPER LLP (US)
SACRA M E NT O

The moving defendants on the two pending motions are JEFF BALLIET, ALLISON
HANSLIK, ARK ROYAL ASSET MANAGEMENT, LTD.; VESTBIRK CAPITAL
MANAGEMENT, LTD.; ARK ROYAL ASSET MANAGEMENT, LLC; ARK DISCOVERY,
LLC; ARK ROYAL HOLDINGS, LLC; ARK ROYAL SERVICES, LLC; ARK ROYAL
CAPITAL, LLC; ARK ROYAL CAPITAL FUNDING, LLC; ARK ROYAL CAPITAL, INC.;
ARK ROYAL RESOURCES, LLC; ARK ROYAL ASSURANCE LLC; ARK ROYAL
INVESTMENTS, LLC. Specially appearing defendant Vestbirk is not a moving party on those
-2motions.
WEST\225673780.1

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO SECOND
AMENDED COMPLAINT
CASE NO. 2:10-CV-02483-GEB-CMK

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4.

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IT IS SO STIPULATED.

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The hearing on this motion shall be noticed for March 5, 2012.

DATED: December 13, 2011

SULLIVAN JOHNSON LLP

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By:/s/ DANIEL A. JOHNSON (authorized 12/12/11)
Daniel A. Johnson
Attorney for Plaintiff

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DATED: December 13, 2011

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DLA PIPER LLP

By:__/s/ TODD M. NOONAN _______________
Todd M. Noonan
Attorney for Specially Appearing
Defendant Steven Vestbirk

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ORDER

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IT IS SO ORDERED.
Date: 12/13/2011

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_________________________
GARLAND E. BURRELL, JR.
United States District Judge

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DEAC_Signature-END:

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61khh4bb

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-3-

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DLA P IPER LLP (US)
SACRA M E NT O

WEST\225673780.1

STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO SECOND
AMENDED COMPLAINT
CASE NO. 2:10-CV-02483-GEB-CMK