Stonebrae LP v. Toll Bros Inc et al

Filing 70

ORDER re 69 Stipulation filed by Toll Bros Inc, Motions terminated: Motion Hearing reset for 1/14/2009 10:30 AM in Courtroom C, 15th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/17/08. (bpf, COURT STAFF) (Filed on 11/17/2008)

Case 3:08-cv-00221-EMC

Document 69

Filed 11/12/2008

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KASOWITZ, BENSON, TORRES & FRIEDMAN LLP Donald J. Putterman (SBN 90822) E-Mail: [e-mail] Christopher J. McNamara (SBN 209205) E-Mail: [e-mail] 101 California Street, Suite 2050 San Francisco, CA 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, CA 92868 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants TOLL BROS., INC. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Case No. 08-CV-00221 EMC STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE

STONEBRAE L.P., a Delaware limited 15 partnership, 16 17 vs. Plaintiff,

18 TOLL BROS., INC., a Pennsylvania corporation; TOLL BROTHERS, INC., a 19 Delaware corporation; DOES 1 through 15, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28 Plaintiff Stonebrae L.P. ("Stonebrae") and Defendant Toll Bros., Inc. ("Toll") hereby stipulate to the following: STIPULATION WHEREAS Plaintiff Stonebrae filed a First Amended Complaint in this matter on January 15, 2008; WHEREAS Toll filed an Answer, Affirmative Defenses, and Counterclaims of Defendant Toll Bros., Inc., to Complaint on February 20, 2008;
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Stipulation and [Proposed] Regarding Briefing Schedule; Case No. 08-CV-00221-EMC

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WHEREAS Toll filed a First Amended Answer, Affirmative Defenses, And Counterclaims of Defendant Toll Bros., Inc. to Complaint on September 23, 2008 ("First Amended Answer"); WHEREAS on October 30, 2008, Stonebrae filed a Motion to Strike Thirteenth Affirmative Defense and Dismiss Fourth Claim for Relief of Defendant Toll Bros., Inc., and a separate Motion to Dismiss Pursuant to F.R.C.P. 12(b)(6) (collectively "Stonebrae's Motions"),

7 which are currently set to be heard on December 10, 2008, at 3:00 p.m.; 8 WHEREAS Toll intends to file a motion for partial summary adjudication on its

9 thirteenth affirmative defense and fourth counterclaim for relief; 10 WHEREAS it is in the interest of judicial efficiency for Toll's motion for partial

11 summary adjudication to be heard at the same time as Stonebrae's Motions. 12 IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto and

13 their respective undersigned attorneys, as follows: 14 The hearing on Stonebrae's Motions shall be continued from December 10, 2008, at 3:00

15 p.m. until January 14, 2009, at 10:30 a.m.; 16 The hearing on Toll's motion for partial summary judgment shall also be heard on

17 January 14, 2009, at 10:30 a.m.; 18 Toll shall file its oppositions to Stonebrae's Motions and Toll's moving papers on Toll's

19 motion for partial summary judgment on or before November 26, 2008; 20 Stonebrae shall file its replies on Stonebrae's Motions and its opposition to Toll's motion

21 for partial summary judgment on or before December 19, 2008. 22 Toll shall file its reply on its motion for partial summary judgment on or before

23 December 31, 2008. 24 IT IS SO STIPULATED. KASOWITZ BENSON TORRES & FRIEDMAN LLP By: /s/ Christopher J. McNamara Christopher J. McNamara Attorneys for Defendants TOLL BROS., INC.
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Stipulation and [Proposed] Regarding Briefing Schedule; Case No. 08-CV-00221-EMC

25 DATED: November 12, 2008 26 27 28

Case 3:08-cv-00221-EMC

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1 2 3 4 5 6 7 8 9 10 11 12 DATED: November 12, 2008 COOPER & KIRKHAM, P.C. By: /s/ Josef D. Cooper Josef D. Cooper Attorneys for Plaintiff STONEBRAE L.P.

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 17 DATED: November ____, 2008 By:

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