Higgins v. Farr Financial Inc. et al

Filing 241

ORDER GRANTING 239 Stipulation: Bench Trial set for 11/7/2011 08:00 AM before Hon. Jeffrey S. White. Pretrial Conference set for 10/17/2011 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 8/4/11. (jjoS, COURT STAFF) (Filed on 8/4/2011)

Case3:07-cv-02200-JSW Document239

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Norman G. Reece, Jr.
Idaho State Bar No. 3898
NORMAN G. REECE, P.C.
445 West Chubbuck Road, Suite D
Chubbuck, Idaho 83202
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
Pro Hac Vice
Attorneys for Plaintiff

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Howard J. Stein
70 W. Madison St., Suite 2100
Chicago, IL 60602
Tel: [phone]
Fax: [phone]
E-Mail: [e-mail]
Attorney for Defendant Farr Financial, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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HOWARD B. HIGGINS, an individual,
Case No. C 07-02200 JSW

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Plaintiff,

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vs.

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FARR FINANCIAL INC., a California
Corporation, ZENITH INVESTMENT
GROUP LLC, a California Limited
Liability Company, AMAECHI
GEORGE OZOR, an individual, and
JOHN/JANE DOES I-X, individuals or
entities whose identities are unknown,

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STIPULATION AND
PROPOSED ORDER

Defendants.

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_______________________________________________________________________________________________________

STIPULATION AND P ROPOSED ORD ER - Case No. C 07-02200 JSW

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Defendant, Farr Financial, Inc. (“Farr”) and Plaintiff, Howard B. Higgins, by and

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through their respective attorneys, submit this stipulation, in which they agree as follows:

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Per this Court’s Order of July 20, 2011, the case was assigned to a randomly

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assigned magistrate for a settlement conference. By Order of July 27, 2011, Magistrate

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Cousins scheduled the settlement conference in this matter for September 1, 2011.

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Because of a personal conflict of counsel for Defendant, such counsel will request that the

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settlement conference be rescheduled for a date after September 12, 2011.

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The pre-trial conference is currently scheduled in this matter for September 12,

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2011. The bench trial is currently scheduled in this matter for October 3, 2011.

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The parties jointly request that the pre-trial conference in this matter be rescheduled

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(1) in order for the parties and Magistrate Cousins to conduct the settlement conference
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before the pre-trial filings are due and (2) to give the parties adequate time to prepare pre-

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trial materials in the event that they are unable to settle this matter. In the event the parties

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are unable to resolve this matter, they will need two weeks to prepare pre-trial materials.

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In addition, the parties jointly request that the trial in this matter be continued to
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reflect the changed pre-trial dates.

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Good cause exists to grant this stipulation. Given the current setting for pre-trial
conference, submissions preparatory to the pre-trial conference will be due before the

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settlement conference. Given the considerable amount of work the pre-trial conference

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preparations would require, the parties believe that requiring this work to be completed

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before the settlement conference would lessen the chances of a successful settlement,

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because money that could otherwise be contributed to a settlement would be expended on

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_______________________________________________________________________________________________________

STIPULATION AND P ROPOSED ORD ER - Case No. C 07-02200 JSW

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preparations for the pre-trial conference.
There have been no prior requests to continue the dates for the pre-trial conference

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or the bench trial.

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The parties suggest the following dates for the pre-trial conference and trial, if

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necessary:

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1.

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Pre-trial Conference: Rescheduled from September 12, 2011, until October
10-11 or October 17-18, 2011.

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2.

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Trial: Rescheduled from October 4, 2011, until November 7-10, November
15-18, December 5-9 or December 12-15, 2011.

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IT IS SO STIPULATED.

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Dated: August 4, 2011

NORMAN G. REECE, P.C.

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By:

/s/ Norman G. Reece, Jr.
NORMAN G. REECE, JR.
Attorney for Plaintiff, Howard B. Higgins
(Pro Hac Vice)

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Dated: August 4, 2011

HOWARD J. STEIN & ASSOC.

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By:

Howard J. Stein
HOWARD J. STEIN
Attorneys for Defendant, Farr Financial, Inc.
(Pro Hac Vice)

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/s/

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ORDER

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Good cause appearing, IT IS ORDERED that the stipulation is GRANTED. The
pre-trial conference shall be reset for ____________________, 2011. The bench trial
October 17
presently set to commence October 3, 2011, is hereby vacated and set to commence
November 7
__________________, 2011.

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IT IS SO ORDERED.

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Dated: August _____, 2011

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__________________________________
HON. JEFFREY S. WHITE
United States District Judge

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