Stonebrae LP v. Toll Bros Inc et al

Filing 205

STIPULATION AND ORDER resetting hearing re 204 Stipulation filed by Toll Bros Inc, 192 MOTION for Summary Judgment Partial Summary Judgment filed by Toll Bros Inc. Signed by Judge Edward M. Chen on 9/17/10. (bpf, COURT STAFF) (Filed on 9/17/2010)

Stonebrae LP v. Toll Bros Inc et al

Doc. 205

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KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Donald J. Putterman (SBN 90822) E-mail: [e-mail] Christopher J. McNamara (SBN 209205) E-mail: [e-mail] Emily de Ayora (SBN 250349) E-mail: [e-mail] 101 California Street, Suite 2300 San Francisco, California 94111 Telephone: [phone] Facsimile: [phone] TIMOTHY J. HOBAN (SBN 192461) Regional Counsel for Toll Bros., Inc. E-mail: [e-mail] 725 Town & Country Road, Suite 500 Orange, California 92868 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant TOLL BROS, INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) STONEBRAE L.P., a Delaware limit ed partnership, Plaint iff, v. TOLL BROS., INC., a Pennsylvania Corporation, Defendant. And Related Counterclaims. Defendant Toll Bros., Inc., ("Toll") filed a Motion for Partial Summary Judgment (the "Motion") on September 1, 2010. (Dkt. # 192.) The hearing on the Motion was init ially set for October 6, 2010, and was reset by the Court to October 7, 2010. (Dkt. # 196.) On September 3, 2010, Plaint iff Stonebrae L.P. ("Stonebrae") filed an administrative motion to defer the Motion unt il after the close of discovery. (Dkt. # 197.) On September 8, 2010, the Court granted in part and denied in part Stonebrae's administrative motion. (Dkt. # 202.) The Court found that some
Stipulation and [ Proposed] Order Continuing H earing Date; Ca se N o. 08-CV-00221 EMC

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101 CALIFORNIA STREET, SUITE 2300 SAN FR ANCISCO, CALIFORNI A 94 111

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Case No. 08-cv-00221 EMC STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING DATE ON DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT Judge: Hon. Edward Chen Trial Date: February 28, 2011

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Dockets.Justia.com

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KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

deferral was reasonable, particularly in light of the fact that the deposit ion of James Boyd was not scheduled to take place unt il September 30, 2010. The Court continued the hearing on the Motion to October 27, 2010, and ordered that Stonebrae's opposit ion brief be filed by October 6, 2010, and Toll's reply brief be filed by October 13, 2010. Due to unant icipated family healt h issues, Mr. Boyd is not able to appear for deposit ion on September 30, 2010. The parties have agreed that the deposit ion of Mr. Boyd will take place on October 5, 2010. The parties have also agreed to continue the hearing on the Motion to November 3, 2010, and to modify the briefing schedule accordingly. IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto and their respect ive undersigned attorneys, as fo llows: The hearing on Toll's Motion for Partial Summary Judgment is continued to November 3, 2010, at 10:30 a.m. Stonebrae's opposit ion brief shall be filed by October 13, 2010. Toll's reply brief shall be filed by October 20, 2010.

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101 CALIFORNIA STREET, SUITE 2300 SAN FR ANCISCO, CALIFORNI A 94 111

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DATED: September 16, 2010

KASOWITZ, BENSON, TORRES & FRIEDMAN LLP

By:

/s/ Christopher J. McNamara Christopher J. McNamara Attorneys for Defendant TOLL BROS., INC. DATED: September 16, 2010 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

By:

/s/ Philip Atkins-Pattenson Philip Atkins-Pattenson Attorneys for Plaint iff S DISTRICT TE C STONEBRAE L.P A

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PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: September _17 _, 2010 __

Stipulation and [ Proposed] Order Continuing H earing Date; Ca se N o. 08-CV-00221 EMC

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Edward M. Chen Chen United States Magistrate dwdgd M. e E Ju ar e Judg

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