Olick v. Lily

Filing 39

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 03/28/2016 ORDERING the Trial CONTINUED to 11/1/2016 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Jackson, T)

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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]
DAVID R. OLICK, No. 72152
Attorney at Law
3450 Sacramento Street, No. 509
San Francisco, CA 94118
Tel: [phone]
Fax: [phone]
email: [e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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In re

16 VIVIAN LILY,
Debtor.

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19 DAVID R. OLICK,
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Plaintiff,
v.

22 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
Date: Trial Date June 14, 2016
Time: 9:00 a.m.
The Honorable William B. Shubb
Courtroom: 5

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The parties, Plaintiff David Olick (hereinafter, Olick) and Defendant Vivian Lily

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(hereinafter, Lily) by and through their respective counsel, jointly apply for a

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continuance of the trial of this matter, currently set for June 14, 2016 and
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respectfully request that the trial date be vacated, and the Court set the matter on

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calendar for a new trial date anytime subsequent to October 13, 2016. The

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continuance is being sought to enable the parties to have adequate opportunity to

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further pursue active settlement discussions. This case is one of two involving

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Olick and Lily, the second being their dissolution action, pending in Solano County,
Case No. FFL 114985 ( hereinafter, the Dissolution Case.) No trial date has been
set in that action. There are overlapping issues in these cases and Olick and Lily are
interested in reaching a global settlement of both this case and the Dissolution Case.
Recently the parties have been engaged in serious negotiations, restarted recently.
There is not adequate time to conclude these negotiations and, it is hoped reach a
global settlement, given the current trial date and the pretrial preparation required.

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The ability to conclude these negotiations before having to switch focus to trial

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preparation based on the current trial date is complicated by health problems of

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both Lily and Olick. As set forth in the Declaration of Robert P. Rich, filed

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herewith. Lily in 2015 had major surgery and it is likely she will have a major

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procedure relating to her bladder.

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settlement discussions over the next weeks is doubtful.

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Declaration of Olick, who is both a party and co-counsel in this case, he has cardiac

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health concerns and personal family problems which requires him to remain in

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Dallas, Texas through and including the present trial date.

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It is hoped that with additional time the parties can reach an overall settlement of the

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litigation between them, thereby avoiding the expenditure of judicial resources and

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Lily’s ability to participate directly in
As set forth in the

the costs associated with trials in two forums. If the parties are unable to reach a
negotiated settlement on their own, they anticipate asking the Court to refer this

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The parties respectfully ask that the trial date be vacated, and that the case be set for

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trial any time subsequent to October 13, 2016, which is acceptable to both parties and

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their counsel, with all dates set in the Final Pretrial Order adjusted to the new trial

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date.

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STIPULATION
Lily and Olick stipulate as follows:
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In Order that settlement discussions may be pursued effectively, that the

trial date of this matter currently set for June 14, 2016, be vacated.
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The Court re-sets the trial date for November 1, 2016 at 9:00 a.m.

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3. That all dates set in the Final Pretrial Order be adjusted to correspond to

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the new trial date.
/s/ David R. Olick
DAVID R. OLICK

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/s/ Richard A. Canatella
RICHARD A. CANATELLA
Attorneys for Plaintiff

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DATED: March 24, 2016

/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, June 14, 2016, is vacated.
2. The case is continued for trial on November 1, 2016 at 9:00 a.m.
3. All other dates and deadlines set forth in previous orders in this case are
vacated.
IT IS SO ORDERED:
Dated: March 28, 2016

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