Olick v. Lily

Filing 36

STIPULATION and ORDER 35 signed by Senior Judge William B. Shubb on 10/6/2015 resetting the Jury Trial date for 6/14/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Deadlines set in the Final Pretrial Order will be adjusted based on the new trial date. (Kirksey Smith, K)

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DAVID R. OLICK, No. 72152
Attorney at Law
3450 Sacramento Street, No. 509
San Francisco, CA 94118
Tel: [phone]
Fax: [phone]
email: [e-mail]
RICHARD A. CANATELLA, Cal. Bar No. 53264
Attorney at Law
CARTER & DELCARLO
4610 Mission Street, 4th Floor
San Francisco, CA 94112
Tel: [phone]
email: [e-mail]
Attorneys for Plaintiff DAVID R. OLICK
William J. Murray (State Bar No. 087936)
BELZER & MURRAY, LLP
3650 Mt. Diablo Blvd., Suite 130
Lafayette, California 94549
Telephone: [phone]
Facsimile: 925/283-5192
E-Mail: [e-mail]
Attorneys for Defendant Vivian Lily
UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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In re
VIVIAN LILY,

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Debtor.

21 DAVID R. OLICK,
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Plaintiff,
v.

24 VIVIAN LILY,
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Defendant.

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NO. 2:15-cv-00410-WBS-DAD
Bankruptcy Court Nos.
Chapter 7 No. 12-36999-B-7
Adversary Proceeding
No. 12-02717-B
JOINT APPLICATION TO CONTINUE
TRIAL BASED ON STIPULATION OF
THE PARTIES; STIPULATION AND
PROPOSED ORDER
Date: Trial Date November 3, 2015
Time: 9:30 a.m., Courtroom 5
The Honorable William B. Shubb

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The parties, Plaintiff David Olick (hereinafter, AOlick@) and Defendant Vivian Lily
(hereinafter, ALily@) by and through their respective counsel, jointly apply for a continuance of the

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trial of this matter, currently set for November 3,2015 and respectfully request that the trial date be
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vacated, and the Court set the matter on calendar for trial setting in January, 2016 or alternatively set
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a new trial date in June, 2016.
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The continuance is being sought to enable the parties to have adequate opportunity to further
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pursue active settlement discussions.

This case is one of two involving Olick and Lily, the second

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being their dissolution action, pending in Solano County, Case No. FFL 114985 ( hereinafter, the
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ADissolution Case.@) No trial date has been set in that action. There are overlapping issues in these

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cases and Olick and Lily are interested in reaching a global settlement of both this case and the
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Dissolution Case.
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Recently the parties have been engaged in serious negotiations. While it appears that
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progress is being made, there is not adequate time to conclude these negotiations and, it is hoped
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reach a global settlement, given the current trial date and the pretrial preparation required. The
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parties wish to place litigation activity in both cases on hold while negotiations are pursued in the
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hope that they will be able to reach a mutually agreeable resolution.
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The ability to conclude these negotiations before having to switch focus to trial preparation
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based on the current trial date is complicated by health problems of both Lily and Olick. As set
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forth in the Declaration of Robert P. Rich, filed herewith, Lily has recently had major surgery and is
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currently hospitalized with pneumonia. While it is not currently anticipated that she will be unable
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to appear for trial due to medical problems, this is an uncertainty.

She also faces possible

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additional surgery.

Lily=s ability to participate directly in settlement discussions over the next

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weeks is hampered by her surgery and subsequent hospitalization with pneumonia. As set forth in
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the Declaration of Olick, who is both a party and co-counsel in this case, he has cardiac health
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concerns.
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It is hoped that with additional time the parties can reach an overall settlement of the

2 litigation between them, thereby avoiding the expenditure of judicial resources and the costs
3 associated with trials in two forums.

If the parties are unable to reach a negotiated settlement on

4 their own, they anticipated asking the Court to refer this matter to a Magistrate Judge for a settlement
5 conference.
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The parties respectfully ask that the trial date be vacated, and that a setting conference be

7 set for January 11, 2016, or thereafter, at which time, if the case has not been settled a new trial date
8 would be selected. Alternatively, it is respectfully requested that the case be set for trial in June,
9 2016, with all dates set in the Final Pretrial Order adjusted to the new trial date.
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STIPULATION

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Lily and Olick stipulate as follows:

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1.

In Order that settlement discussions may be pursued effectively, that the trial date of

14 this matter currently set for November 3, 2015 be vacated.
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2.

That the Court either:

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(1) Set this case for a trial setting conference in on or after January 11, 2015 as convenient

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(2) That the case be set for trial in or after June 2016 on a date convenient to the Court.

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3.

All dates set in the Final Pretrial Order will be adjusted to correspond to the new trial

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IT IS SO STIPULATED:

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DATED: October 1, 2015

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/s/ David R. Olick
DAVID R. OLICK
RICHARD A. CANATELLA
Attorneys for Plaintiff

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DATED: October 1, 2015

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/s/ William Murray
WILLIAM MURRAY
Attorney for Defendant

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ORDER:

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Based on the Stipulation of the Parties, and GOOD CAUSE APPEARING:

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1. The trial date in this matter, November 3, 2015, is vacated.

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2. The case is reset for trial on June 14, 2016 at 9:00 a.m.

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3. Deadlines set in the Final Pretrial Order will be adjusted based on the new trial date.

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IT IS SO ORDERED.

14 Dated: October 6, 2015
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