Capitol Commission Inc. v. Capitol Ministries

Filing 5

STIPULATION and ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/6/2012 ORDERING that the hearing re 1 Motion to Compel is CONTINUED to 1/9/2013 at 10:00 AM in Courtroom 26 (CKD) before Magistrate Judge Carolyn K. Delaney. (Zignago, K.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
5:11-CV-00214-BO
CAPITOL COMMISSION, INC.,

CASE NO. 2:12-MC-00093-GEB-CKD
Plaintiff,

v.

STIPULATION AND ORDER TO RESET
HEARING DATE

CAPITOL MINISTRIES,
Defendant.

CAPITOL MINISTRIES,
Third-Party Plaintiff,
v.
JOHN E. ANDERSON, JR., GEORGE H.
JACKSON, JAMES E. YOUNG, and
DANIEL FILE,
Third-Party Defendants.

Plaintiff Capitol Commission, Inc., Defendant Capitol Ministries, and Third-Party Witness
David Duran jointly submit the following points:
1.

The parties jointly stipulate that the date of the hearing regarding Capitol

Ministries= Motion to Compel Documents against David Duran, be reset from December 12, 2012,
1

to January 9, 2013 at 10:00 a.m., at the Robert T. Matsui U.S. Courthouse, 501 I Street, Courtroom
26 B 8th Floor, Sacramento, California before the Honorable Carolyn K. Delaney. This
rescheduling of the hearing is necessary because the parties are actively involved in discovery in
the related case, Case No. 5:11-CV-00214-BO, in the Eastern District of North Carolina, and will
be conducting depositions in that matter on December 12, 2012. Depositions for the related case
are also scheduled throughout much of the end of December. The parties therefore jointly agree
to this extension, which request is not made for the purpose of causing undue delay.
2.

The parties jointly and respectfully request that the Court allow counsel in North

Carolina (who represents Capitol Ministries, Inc. and Capitol Commission, Inc.) to participate in
the hearing telephonically. This request is made in light of the fact that this motion arises out of
discovery conducted as part of that litigation and in the interest of cost-effectiveness and
efficiency.
3.

The parties to this motion (Capitol Ministries, Inc. and non-party David Duran),

agree to meet and confer and file a Joint Statement pursuant to Local Rule 251 no later than
January 2, 2013.
Respectfully submitted, this 5th day of December, 2012.
///
///

2

SWEENEY & GREENE LLP
Attorneys for Capitol Ministries

REED & BROWN, LLP
Attorneys for David Duran

/s/ Stephen J. Greene, Jr.
Stephen J. Greene, Jr.
CA State Bar No. 178098
9245 Laguna Springs Drive, Suite 350
Elk Grove, CA 95758
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

/s/ Stephen W. Reed
Stephen W. Reed
California State Bar No. 45,803
35 North Lake Avenue, Suite 960
Pasadena, California 91101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

POYNER SPRUILL LLP
Attorneys for Capitol Ministries

COATS & BENNETT, PLLC
Attorneys for Capitol Commission, Inc.

/s/ Eric P. Stevens
Eric P. Stevens
NC State Bar No. 17609
Andrew H. Erteschik
NC State Bar No. 35269
P.O. Box 1801
Raleigh, NC 27602-1801
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

/s/ Anthony J. Biller
Anthony J. Biller
NC State Bar No. 24,117
Emily M. Haas
NC State Bar No. 39,716
1400 Crescent Green, Suite 300
Cary, NC 27518
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

IT IS SO ORDERED.

Dated: December 6, 2012
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

DEAC_SIGNATU RE

234b0d4o

3