Wake Forest Acquisitions, L.P., et al., v. Vanderbilt Commercial Lending, Inc. et al

Filing 35

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 1/27/17 ORDERING that the ADR completion deadline is EXTENDED through and including 3/17/2017 to allow the parties to complete the ADR process. (Kastilahn, A)

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Maria S. Bellafronto (State Bar No. 161994)
[e-mail]
Monique D. Jewett-Brewster (State Bar No. 217792)
[e-mail]
HOPKINS & CARLEY
A Law Corporation
The Letitia Building
70 S First Street
San Jose, CA 95113-2406
mailing address:
P.O. Box 1469
San Jose, CA 95109-1469
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiffs and Counter-Defendant
WAKE FOREST ACQUISITIONS, L.P. c/o
Corporation Service Company; SHAFFER ASSET
MANAGEMENT CORPORATION c/o Corporation
Service Company; ROBERT P. SHAFFER,
individually and as Co-Trustee of the Robert P.
Shaffer Revocable Trust; and MARY SHAFFER, as
Co-Trustee of the Robert P. Shaffer Revocable Trust

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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WAKE FOREST ACQUISITIONS, L.P.;
SHAFFER ASSET MANAGEMENT
CORPORATION; ROBERT P. SHAFFER,
individually and as Co-Trustee of the
Robert P. Shaffer Revocable Trust; and
MARY SHAFFER, as Co-Trustee of the
Robert P. Shaffer Revocable Trust,

STIPULATION AND [PROPOSED]
ORDER TO EXTEND VDRP DEADLINE
Judge:

Hon. Kimberly J. Mueller

Plaintiffs,

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v.

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VANDERBILT COMMERCIAL
LENDING, INC.; and GREGORY COOK,

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Defendants.
VANDERBILT COMMERCIAL
LENDING, INC.
Counterclaim-Plaintiff,

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

CASE NO: 2:15-CV-02167-KJM-AC

v.
436\1431505.1
STIPULATION AND [PROPOSED] ORDER TO EXTEND ADR DEADLINE

2:15-CV-02167-KJM-AC

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WAKE FOREST ACQUISITIONS, L.P.,
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CounterclaimDefendant.

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WHEREAS, on October 28, 2016, the NOTICE OF APPOINTMENT from VDRP

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Administrator appointing William Robinson, of Best Best & Krieger LLP, as VDRP Neutral

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Attorney pursuant to Local Rule 271 (e)(1) was entered on the Docket (Dkt. No. 33);
WHEREAS, Local Rule 271 (e)(1) requires the parties to complete the proposed ADR

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with 91 days after the Neutral is selected, which makes January 27, 2017 the deadline for the

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parties completing their VDRP session in this case;
WHEREAS, having not heard from the Neutral whatsoever, on January 10, 2017, counsel

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for Plaintiffs contacted Mr. Robinson;
WHEREAS, Mr. Robinson wrote to all parties to this litigation on January 13, 2017,

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setting a preliminary telephone conference for January 31, 2017 at 11:00 a.m.; and
WHEREAS, at that time, Mr. Robinson proposed several mediation session dates in

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February and March 2017.

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THEREFORE, since the parties will not be able to complete the mediation within the

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required 91 day timeframe, the parties hereby agree and stipulate that, subject to the Court’s

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approval, that the ADR completion deadline be extended through and including March 17, 2017

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to allow the parties to complete the ADR process.

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Dated: January 24, 2017

HOPKINS & CARLEY
A Law Corporation

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By: /s/ Monique D. Jewett-Brewster
Maria S. Bellafronto
Monique D. Jewett-Brewster
Attorneys for Plaintiffs and CounterDefendant

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///
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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

436\1431505.1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND ADR DEADLINE

2:15-CV-02167-KJM-AC

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Dated: January 24, 2017

BOUTIN JONES INC.

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By: /s/ Kelley M. Lincoln
Robert D. Swanson, Esq.
Kelley M. Lincoln, Esq.
Attorneys for Defendant Gregory Cook
and Defendant and Counterclaim-Plaintiff
VANDERBILT COMMERCIAL
LENDING, INC.

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IT IS SO ORDERED.
Dated: January 27, 2017

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UNITED STATES DISTRICT JUDGE

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H OPKINS & C ARLEY
ATTORNEYS AT LAW
SAN JOSE

436\1431505.1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND ADR DEADLINE

2:15-CV-02167-KJM-AC