Marshall v. Galvanoni et al

Filing 6

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 5/9/2017 ORDERING the deadline to respond to the 2 Notice of Removal is EXTENDED to 5/15/2017; Plaintiff shall file his Motion for Remand by 5/15/2017. (Washington, S)

1 BRADFORD G. HUGHES (SBN 247141)

[e-mail]

2 TIFFANY HUNTER (SBN 306382)

[e-mail]
SELMAN BREITMAN LLP
4 11766 Wilshire Blvd., Sixth Floor
Los Angeles, CA 90025-6538
5 Telephone: [phone]
Facsimile: 310.473.2525
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7 Attorneys for Defendants DANIEL P. GALVANONI; DPG

INVESTMENTS, LLC; DPG GOLDEN EAGLE, LLC;

8 SPRING TREE LENDING, LLC; SPRING TREE

HOLDINGS, LLC; SPRING TREE FINANCIAL, LLC;

9 SKIBO HOLDINGS, LLC; GERALD T. HUDSPETH;

JEROME J. JOSEPH; and WILLIAM J. BROOKSBANK

11

MELINDA JANE STEUER
ATTORNEYS AT LAW

Selman Breitman

LLP

10

12 [e-mail]

Law Offices of Melinda Jane Steuer

13 928 Second Street, Ste. 302
14 Sacramento, CA 95814

Telephone: [phone]

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Attorneys for Plaintiff JOHN MARSHALL

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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20 JOHN MARSHALL, an individual,,

Case No. 2:17-cv-00820-KJM-CKD

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STIPULATION TO EXTEND TIME TO
RESPOND TO COMPLAINT AND TO
FILE MOTION FOR REMAND; ORDER

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Plaintiff,
v.
DANIEL P. GALVANONI, an

24 individual; DPG INVESTMENTS,

Complaint Filed: March 09, 2017

LLC, a foreign limited liability
25 company; DPG GOLDEN EAGLE,

LLC, a foreign limited liability
company; SPRING TREE LENDING,
27 LLC, a foreign limited liability
company; SPRING TREE HOLDINGS,
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1
STIPULATION
2:17-cv-00820-KJM-CKD

745716.1 100.41906

1 LLC, a foreign limited liability

company; SPRING TREE

2 FINANCIAL, LLC, a foreign limited
3 liability company; SKIBO HOLDINGS,

LLC, a foreign limited liability
4 company; GERALD T. HUDSPETH,
an individual; JEROME J. JOSEPH, an
5 individual; WILLIAM J.
BROOKSBANK, an individual; and
6
DOES 1-100, inclusive,
7

Defendants.

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9

Pursuant to the Eastern District of California Local Rules 144 and 145,

11 GALVANONI; DPG INVESTMENTS, LLC; DPG GOLDEN EAGLE, LLC;
ATTORNEYS AT LAW

Selman Breitman

LLP

10 Plaintiff JOHN MARSHALL ("Plaintiff") and Defendants DANIEL P.

12 SPRING TREE LENDING, LLC; SPRING TREE HOLDINGS, LLC; SPRING
13 TREE FINANCIAL, LLC; SKIBO HOLDINGS, LLC; GERALD T. HUDSPETH;
14 JEROME J. JOSEPH; and WILLIAM J. BROOKSBANK ("Defendants")
15 (collectively, "Parties"), by and through their respective counsel of record, hereby
16 stipulate and agree that Defendants shall have until May 15, 2017, to respond to
17 the operative complaint in the above-captioned matter. The parties further
18 stipulate that plaintiff will file his Motion for Remand by May 15, 2017.
19

In entering this stipulation, the Parties note that Defendants' responsive

20 pleadings are currently due May 5, 2017, which was a date selected by the parties
21 for uniformity in light of the various dates that different defendants were served
22 with the Summons and Complaint. Plaintiff is hereby stipulating to file his Motion
23 for remand concurrently with the Defendants’ responsive pleadings in order to
24 promote judicial economy.
25

Good cause exists for the request as the Parties have been diligently meeting

26 and conferring in an effort to avoid the filing of the Motion for Remand and the
27 dispositive motions that Defendants currently intend to file in response to
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2
STIPULATION
2:17-cv-00820-KJM-CKD

745716.1 100.41906

1 Plaintiff's operative pleading. The Parties have informally exchanged certain
2 evidence and the Parties are currently reviewing the evidence provided, discussing
3 the evidence with respective clients, and making determinations as to whether the
4 dispositive motions and/or the Motion for Remand will ultimately be necessary.
5

At this point, it is anticipated the Parties conduct further meet and confer

6 over the evidence exchanged as well as potentially gather and exchange additional
7 evidence. As such, the Parties have agreed that the Motion for Remand and
8 response by the defendants to the operative complaint shall be May 15, 2017.
9

The proposed continuance is for ten (10) days and no other extensions of

11 Defendants' response to the operative complaint.
ATTORNEYS AT LAW

Selman Breitman

LLP

10 time have been requested or received on either the Motion for Remand or

12

The Parties have sought this extension as soon as it became apparent that

13 additional evidence may be exchanged and that further meet and confer efforts are
14 warranted prior to the filing of the Motion for Remand and the dispositive motions
15 by Defendants.
16

In entering this stipulation, Defendants expressly reserve all defenses.

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18 DATED: May 5, 2017
19

BRADFORD G. HUGHES
TIFFANY HUNTER
SELMAN BREITMAN LLP

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By: ____________________________
BRADFORD G. HUGHES
TIFFANY HUNTER
Attorneys for Defendants DANIEL P.
GALVANONI; DPG INVESTMENTS,
LLC; DPG GOLDEN EAGLE, LLC;
SPRING TREE LENDING, LLC;
SPRING TREE HOLDINGS, LLC;
SPRING TREE FINANCIAL, LLC;
SKIBO HOLDINGS, LLC; GERALD T.
HUDSPETH; JEROME J. JOSEPH; and
WILLIAM J. BROOKSBANK
3
STIPULATION
2:17-cv-00820-KJM-CKD

745716.1 100.41906

1
2
3 DATED: May 5, 2017
4

MELINDA JANE STEUER
LAW OFFICES OF MELINDA JANE
STEUER

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By: ____________________________
MELINDA JANE STEUER
Attorney for Plaintiff JOHN
MARSHALL

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LLP

12

ATTORNEYS AT LAW

11

Selman Breitman

10

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ORDER
Pursuant to stipulation, and for good cause shown, Defendants' deadline to
respond to Plaintiff's operative complaint is extended to May 15, 2017.
Additionally, Plaintiff shall file his Motion for Remand by May 15, 2017.

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IT IS SO ORDERED:

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Dated: May 9, 2017.

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UNITED STATES DISTRICT JUDGE

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STIPULATION
2:17-cv-00820-KJM-CKD

745716.1 100.41906