Stonebrae LP v. Toll Bros Inc et al

Filing 252

STIPULATION AND ORDER REVISING BRIEFING SCHEDULE RE MOTIONS FOR AWARD OF ATTORNEYS' FEES, ETC. re 251 Stipulation filed by Stonebrae LP. Signed by Judge Edward M. Chen on 12/15/10. (bpf, COURT STAFF) (Filed on 12/15/2010)

Stonebrae LP v. Toll Bros Inc et al

Doc. 252

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations 2 PHILIP F. ATKINS-PATTENSON, Cal. Bar No. 94901 3 ARTHUR J. FRIEDMAN, Cal. Bar No. 160867 Four Embarcadero Center, 17th Floor 4 San Francisco, California 94111-4109 Telephone: [phone] Facsimile: 415-434-3947 E-Mail: [e-mail] [e-mail] 6 7 COOPER & KIRKHAM, P.C. JOSEF D. COOPER, Cal. Bar No. 53015 8 TRACY R. KIRKHAM, Cal. Bar No. 69913 357 Tehama Street, 2nd Floor 9 San Francisco, CA 94103-4169 Telephone: [phone] Facsimile: 415-882-7040 E-Mail: [e-mail] [e-mail] 11 12 Attorneys for Plaintiff and Counter-Defendant STONEBRAE L.P. 13 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Case No. C 08-00221-EMC STIPULATION AND [PROPOSED] ORDER RE: (1) REVISIONS TO BRIEFING AND HEARING SCHEDULE ON STONEBRAE L.P.'S MOTIONS FOR AWARD OF ATTORNEYS' FEE AND COSTS AND FOR DETERMINATION OF PREJUDGMENT INTEREST (2) MODIFICATION OF PAGE LIMITS ON STONEBRAE L.P.'S MOTION FOR AWARD OF ATTORNEYS' FEES AND COSTS Trial Date: February 28, 2011 [Vacated]
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17 STONEBRAE L.P., a Delaware limited partnership, 18 Plaintiff, 19 v. 20 TOLL BROS., INC.; a Pennsylvania corporation; 21 TOLL BROTHERS, INC., a Pennsylvania corporation; DOES 1 through 15, inclusive, 22 Defendants. 23 24 25 26 27 28 -1-

STIPULATION AND [PROPOSED] ORDER RE REVISED BRIEFING/HEARING SCHEDULE ON STONEBRAE L.P.'S MOTIONS FOR ATTORNEYS' FEES AND COSTS, AND PRE-JUDGMENT INTEREST; PAGE LIMITS Dockets.Justia.com

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Plaintiff and Counter-Defendant Stonebrae L.P. ("Stonebrae") and Defendant and

2 Counter-Claimant Toll Bros., Inc. ("Toll"), by and through their attorneys of record, 3 hereby stipulate and agree as follows: 4 1. At the November 3, 2010 Status Conference, a briefing and hearing schedule

5 was established for resolution of Stonebrae's motion for attorneys' fees and costs and 6 determination of pre-judgment interest. (Dkt. # 249.) 7 2. Stonebrae and Toll agree to an extension of the briefing and hearing schedule

8 on Stonebrae's motions for award of attorneys' fees and costs and determination of pre9 judgment interest as follows: 10 a. December 29, 2010: Last date for Stonebrae to file its moving papers

11 for each motion; 12 13 14 and 15 d. March 16, 2011 (at 10:30 a.m.): Hearing (assuming the Court is b. c. February 7, 2011: Last date for Toll to file its opposition papers; February 28, 2011: Last date for Stonebrae to file its reply papers;

16 available that day). 17 3. With respect to Stonebrae's motion for award of attorneys' fees and costs,
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18 Stonebrae and Toll agree to a modification of the pages limits in Civ. L.R. Rule 7-4(b) as 19 follows: Stonebrae's opening brief not to exceed 40 pages; Toll's opposition brief not to 20 exceed 40 pages and Stonebrae's reply brief not to exceed 20 pages. The pages limits in 21 Civ. L.R. 7-4(b) shall apply to Stonebrae's motion for determination of pre-judgment 22 interest. 23 Dated: December 10, 2010 24 25 26 27 28
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP COOPER & KIRKHAM P.C. By /s/ Philip F. Atkins-Pattenson PHILIP F. ATKINS-PATTENSON Attorneys for Plaintiff and Counter-Defendant STONEBRAE L.P. -2-

STIPULATION AND [PROPOSED] ORDER RE REVISED BRIEFING/HEARING SCHEDULE ON STONEBRAE L.P.'S MOTIONS FOR ATTORNEYS' FEES AND COSTS, AND PRE-JUDGMENT INTEREST; PAGE LIMITS

1 2 3 4 5 6 7 8 9 10 ORDER Having considered the parties' Stipulation and good cause appearing in By /s/ Christopher J. McNamara CHRISTOPHER J. MCNAMARA Attorneys for Defendant and Counter-Claimant TOLL BROS., INC. Dated: December 10, 2010 KASOWITZ BENSON TORRES & FRIEDMAN LLP

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STIPULATION AND [PROPOSED] ORDER RE REVISED BRIEFING/HEARING SCHEDULE ON STONEBRAE L.P.'S MOTIONS FOR ATTORNEYS' FEES AND COSTS, AND PRE-JUDGMENT INTEREST; PAGE LIMITS

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11 support thereof, it is so ordered. The hearing on Stonebrae's motions shall be on 3/16 10:30 a.m. ___________, 2011 at ________. (See modifications on page 2) 12 S DISTRICT TE 13 C TA 12/15/10 _____________________________ 14 Dated: _____________________ The Honorable Edward M. Chen UNITED STATESDERED R MAGISTRATE JUDGE 15 IS SO O FIED IT DI AS MO 16

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