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

Filing 149

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 3/28/13 ORDERING Plaintiff is granted until April 15, 2013 to file a Fifth Amended Complaint addressing the deficiencies of Plaintiffs pleading discussed in the order of March 22, 201 3 dismissing the Fourth Amended Complaint. Further, Plaintiff is notified that this action may be dismissed with prejudice under Rule 41(b) if Plaintiff fails to file an amended complaint within the prescribed time period. Specially Appearing Defendants have a fourteen (14) day extension of their time to respond to the amended complaint, once filed.(Becknal, R)

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SULLIVAN JOHNSON LLP
DANIEL M. SULLIVAN (SBN 132878)
DANIEL A. JOHNSON (SBN 130724)
23480 Park Sorrento, Suite 250
Calabasas, CA 91302
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC
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]

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Attorneys for Specially Appearing Defendants
[listed on signature page]

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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, et al.,
Defendants.

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STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
FILING OF FIFTH AMENDED
COMPLAINT

Plaintiff,

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

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WHEREAS, on March 22, 2013 the Court issued an Order dismissing the Fourth

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Amended Complaint and granting Plaintiff leave to file a Fifth Amended Complaint on or before

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April 1, 2013;

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2.

WHEREAS, Plaintiff and Specially Appearing Defendants have agreed to extend

by fourteen (14) days Plaintiff’s time to file the Fifth Amended Complaint, and that Specially

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Appearing Defendants in turn will have a fourteen (14) day extension of their time to respond;

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

-1STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING OF
FIFTH AMENDED COMPLAINT - CASE NO. 2:10-CV-02483-GEB-CMK

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NOW, THEREFORE, Plaintiff and Specially Appearing Defendants, by and through their
respective counsel of record, hereby stipulate as follows:
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That Plaintiff’s time to file the Fifth Amended Complaint be extended from April

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1, 2013 to April 15, 2013, and that Specially Appearing Defendants in turn will have a fourteen
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(14) day extension of their time to respond.
IT IS SO STIPULATED.
Dated: March 28, 2013

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SULLIVAN JOHNSON LLP
By /S/ Daniel A. Johnson (authorized 3/28/13)
DANIEL A. JOHNSON
Attorneys for Plaintiff
MVP ASSET MANAGEMENT (USA) LLC

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Dated: March 28, 2013

DLA PIPER LLP (US)

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By /S/ Todd M. Noonan (authorized 3/28/13)
TODD M. NOONAN
Attorneys for Defendants
STEVEN VESTBIRK, 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

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ORDER
Plaintiff is granted until April 15, 2013 to file a Fifth Amended Complaint addressing the

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deficiencies of Plaintiff’s pleading discussed in the order of March 22, 2013 dismissing the

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Fourth Amended Complaint. Further, Plaintiff is notified that this action may be dismissed with

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prejudice under Rule 41(b) if Plaintiff fails to file an amended complaint within the prescribed

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

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK

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time period. Specially Appearing Defendants have a fourteen (14) day extension of their time to

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respond to the amended complaint, once filed.

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IT IS SO ORDERED.

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Date: 3/28/2013
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___________________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge

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DEAC_Signature-END:

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

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS (PRETRIAL
SCHEDULING) CONFERENCE - CASE NO. 2:10-CV-02483-GEB-CMK