Plane Exchange, Inc. v. Francois

Filing 22

STIPULATION and ORDER 21 signed by Senior Judge William B. Shubb on 1/23/2015: This case shall be stayed and all associated dates (both pretrial and trial dates) VACATED. The stay shall remain in effect for a period of 90 days. Should the ca se be resolved, the parties will notify the Court promptly by filing appropriate dispositional documents. Should the case not resolve, the parties shall file a joint status report on or before 4/30/2015, and advise the Court as to the status of the case. In the joint status report, the parties shall propose a date for a further joint status/scheduling conference. CASE STAYED. (Kirksey Smith, K)

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BOUTIN JONES INC.
Michael E. Chase, SBN 214506
Bashar S. Ahmad, SBN 258619
555 Capitol Mall, Suite 1500
Sacramento, CA 95814-4603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Counter-Claimant Paul Francois

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GLENN W. PETERSON, ESQ. (SBN 126173)
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Telephone No: [phone]
Fax No: [phone]

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Attorneys for Plaintiff/Counter-Defendant The Plane Exchange, Inc.

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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THE PLANE EXCHANGE, INC.
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Plaintiff,
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vs.
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PAUL FRANCOIS, a natural person
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Defendant.
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PAUL FRANCOIS,
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Counter-claimant,
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vs.
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THE PLANE EXCHANGE, INC., a California )
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corporation
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Counter-defendant.
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Case No. 2:14-CV-00784-WBS-KJN
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS

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PAUL FRANCOIS,

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Plaintiff,
vs.
CRAIG VINCENT

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Defendant.

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Plaintiff/Counter-Defendant The Plane Exchange, Inc. (“TPX”), and Defendant/Counter-

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Claimant Paul Francois (“Francois”), the non-bankrupt parties in this consolidated action, by and

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through their undersigned counsel of record, hereby stipulate as follows and propose that the Court

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enter an order consistent with its terms present.
RECITALS

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WHEREAS, on Thursday, January 15, 2015, the undersigned counsel for TPX discovered

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that Defendant Craig Vincent (“Vincent”) commenced a voluntary Chapter 13 Bankruptcy

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proceeding on or about November 26, 2014. A notice of automatic stay was filed by TPX’s counsel

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earlier today (Doc. 20).

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WHEREAS, although Vincent’s petition was filed in November, neither TPX’s counsel nor

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counsel for Francois was notified. Vincent’s Bankruptcy was discovered immediately prior to

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commencement of Mr. Vincent’s deposition. So as to avoid any arguable violations of the automatic

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stay, counsel mutually agreed to suspend Vincent’s examination, both individually and as a PMK on

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behalf of TPX.

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WHEREAS, since then, counsel have met and conferred over the impact of Vincent’s

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bankruptcy on this case, and both sides agree that this action is undoubtedly stayed as to Vincent.

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However, Francois is not prepared at this point to dismiss Vincent, at least without further

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investigation into obtaining relief from stay, and related matters.

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WHEREAS, Counsel also agree that this unexpected development materially alters the
settlement landscape of this case, and desire to reevaluate settlement scenarios in light of it.
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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS

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NOW, THEREFORE, for the foregoing reasons, TPX and Francois stipulate that it is in the
interests of all concerned and will promote judicial economy to stay this case in its entirety as set
forth below, or on such other terms as the Court may order:
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This case shall be stayed and all associated dates (both pretrial and trial dates) vacated.

The stay shall remain in effect for a period of 90 days.
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Within the 90-day stay period, TPX and Francois shall meet and confer in good faith to

explore settlement.

Counsel for Francois shall determine whether they will seek relief from

Vincent’s bankruptcy stay and file a motion to do so.
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Should the case be resolved, the parties will notify the Court promptly by filing

appropriate dispositional documents.
4.

Should the case not resolve, the parties shall file a joint status report on or before April

30, 2015, and advise the Court as to the status of the case. In the joint status report, the parties shall
propose a date for a further joint status/scheduling conference.
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The Court may enter an order upon this stipulation.

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DATED: January 21, 2015

BOUTIN JONES INC.

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By:

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/s/BASHAR AHMAD
BASHAR AHMAD
(AUTHORIZED ON JANUARY 21, 2015)

Attorneys for Defendant and Counter-Claimant Paul
Francois

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DATED: January 21, 2015

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MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law

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By:

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/s/GLENN W. PETERSON
GLENN W. PETERSON

Attorneys for Plaintiff/Counter-Defendant The Plane
Exchange, Inc.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/)
within this e-filed document.
MILLSTONE PETERSON & WATTS, LLP, Attorneys at Law
/s/ Glenn W. Peterson

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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS

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ORDER

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GOOD CAUSE APPEARING, IT IS SO ORDERED.

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Dated: January 23, 2015

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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS