Palmtree Acquisition Corporation v. Neely et al

Filing 41

STIPULATION AND ORDER re 39 Stipulation filed by Stark Investment Company, L.P.. Signed by Judge Edward M. Chen on 3/26/10. (bpfS, COURT STAFF) (Filed on 3/26/2010)

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SAMUEL A. KEESAL, JR., CASB No. 38014 [e-mail] JOHN D. GIFFIN, CASB No. 89608 [e-mail] CHRISTOPHER A. STECHER, CASB No. 215329 [e-mail] KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: [phone] Facsimile: [phone] Attorneys for Third Party Defendant PRUDENTIAL EQUITY GROUP, LLC, formerly known as PRUDENTIAL SECURITIES, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

PALMTREE ACQUISITION ) CORPORATION, a Delaware corporation, ) ) Plaintiff , ) ) vs. ) ) MICHAEL R. NEELY, et al., ) ) Defendant. ) ) ) ) ) ) ) ) )

Case No. CV 08 3168 EMC Action filed: July 1, 2008 SECOND STIPULATION RE ENLARGEMENT OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THIRD PARTY COMPLAINT ; ORDER CIV. L. R. 6-1(a)

-1KYL_SF503485 SECOND STIPULATION RE ENLARGEMENT OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THIRD PARTY COMPLAINT -- CASE NO. CV 08 3168 EMC

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THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION, a New Jersey corporation; and STARK INVESTMENT COMPANY, L.P., a California limited partnership,

) ) ) ) ) ) ) Third Party Plaintiffs, ) ) vs. ) ) ESTATE OF HAROLD A. ELLIS, JR.; ) CEDE & CO., nominee of the Depository ) Trust Company, a New York trust ) company; JAMES R. PROUD, an ) individual; DEAN BANKS, an individual; ) EMMETT R. DEMOSS JR., an individual; ) JOHN E. HYJER, an individual; ) PRUDENTIAL EQUITY GROUP, LLC, ) formerly known as PRUDENTIAL ) SECURITIES, INC., a Delaware ) corporation; THE ANDERSON MARITAL ) TRUST dated February 28, 1979, as ) amended and restated August 31, 1994; ) and THE ANDERSON TAX DEFERRAL ) TRUST, dated February 28, 1979, as ) amended and restated August 31, 1994, ) ) Third-Party Defendants. ) ) ) ) ) )

Pursuant to Civil Local Rule 6-1(a), it is hereby stipulated by and between Third Party Plaintiffs THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION and STARK INVESTMENT COMPANY, L.P. (collectively the "Third Party Plaintiffs") and Third Party Defendant PRUDENTIAL EQUITY GROUP, LLC, formerly known as PRUDENTIAL SECURITIES, INC. ("Prudential"), through their respective counsel of record, that Prudential may have up
-2KYL_SF503485 SECOND STIPULATION RE ENLARGEMENT OF TIME TO ANSWER, MOVE OR OTHERWISE RESPOND TO THIRD PARTY COMPLAINT -- CASE NO. CV 08 3168 EMC

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to and including April 1, 2010 within which to answer, move or otherwise to respond to the Third Party Complaint in this action. Third Party Plaintiffs previously granted one extension of time to respond to the Third Party Complaint until March 18, 2010. There are no scheduled events or deadlines fixed by the Court that will be altered because of this enlargement of time. Accordingly, no Court order is required for this stipulation.

DATED: March 17, 2010

/s/ Thomas F. Vandenburg THOMAS F. VANDENBURG DONGELL LAWRENCE FINNEY LLP Attorneys for Defendant and Third-Party Plaintiff THE KIRRBERG CORPORATION, formerly known as MULTIMATIC CORPORATION, a New Jersey corporation

DATED: March 17, 2010

/s/ Selena P. Ontiveros PAUL KOZACHENKO SELENA P. ONTIVEROS GONSALVES & KOZACHENKO Attorneys for Defendant and Third-Party Plaintiff STARK INVESTMENT COMPANY

DATED: March 17, 2010

/s/ Christopher A. Stecher SAMUEL A. KEESAL, JR. JOHN D. GIFFIN CHRISTOPHER A. STECHER KEESAL, YOUNG & LOGAN Attorneys For Third Party Defendant PRUDENTIAL EQUITY GROUP, LLC, formerly known as PRUDENTIAL SECURITIES, INC.

IT IS SO ORDERED ISTRIC SD

IF

_________________ Edward M. Chen DERED SO OR U.S. Magistrate S IT I Judge -3KYL_SF503485 SECOND STIPULATION RE ENLARGEMENT OF TIME TO ANSWER, MOVE OR OTHERWISE n M. Che RESPOND TO THIRD PARTY COMPLAINT -- CASE NO. CV 08 3168 EMC Edward Judge

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