Mora et al v. Jerry Garcia Estate, LLC et al

Filing 56

STIPULATION AND ORDER RE 55 CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Conference set for 6/9/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 4/18/11. (cl, COURT STAFF) (Filed on 4/19/2011)

*E-Filed 4/19/11*

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RICHARD J. IDELL (SBN 69033)
ORY SANDEL (SBN 233204)
IDELL & SEITEL LLP
465 California Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

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ERIC DONEY (SBN 76260)
LAWRENCE K. ROCKWELL (SBN 72410)
ERIC A. HANDLER (SBN 224637)
DONAHUE GALLAGHER WOODS LLP
591 Redwood Hwy, Suite 1200
Mill Valley, CA 94941-6000
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Jerry Garcia Family LLC
and Keelin Garcia, as successor to Defendant
Keelin Garcia Testamentary Trust

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JONATHAN BASS (SBN 75779)
COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Deborah Koons-Garcia

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION RE: CONTINUANCE OF
CASE MANAGEMENT CONFERENCE;
[PROPOSED] ORDER

Plaintiffs,

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Case No: CV 08 5772 RS

SUSAN MORA, as Trustee of The Merl Saunders
Trust; MERL SAUNDERS, JR., as Trustee of The
Merl Saunders Trust; and TONY SAUNDERS, as
Trustee of The Merl Saunders Trust,

From:

v.

Date: May 5, 2011
Time: 10:00 a.m.
Courtroom: 3

JERRY GARCIA ESTATE, LLC, a California
limited liability company; JERRY GARCIA
FAMILY, LLC, a California limited liability
company; RHINO ENTERTAINMENT
COMPANY, a Delaware corporation; WARNER

To:
Date: June 9, 2011
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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE

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MUSIC GROUP CORP., a Delaware corporation;
WARNER STRATEGIC MARKETING, INC., a
Delaware corporation; DEBORAH KOONSGARCIA (sued as DOE 1), an individual;
DEBORAH KOONS-GARCIA (sued as DOE 2)
and DAVID HELLMAN (sued as DOE 3) and
DOES 5 through 10, as Trustees of the KEELIN
GARCIA TESTAMENTARY TRUST (sued as
DOE 4); and DOES 11 through 1000, inclusive,

Time: 10:00 a.m.
Courtroom: 3
Honorable Richard Seeborg, Presiding
[E-FILING]

Defendants.

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This Stipulation is entered into by and between SUSAN MORA, as Trustee of The Merl
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Saunders Trust; MERL SAUNDERS, JR., as Trustee of The Merl Saunders Trust; and ANTHONY
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SAUNDERS WASHINGTON, as Trustee of The Merl Saunders Trust (collectively “Plaintiffs”), on the
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one hand, and JERRY GARCIA FAMILY, LLC, a California limited liability company (the “Family
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LLC”); KEELIN GARCIA, as successor to the KEELIN GARCIA TESTAMENTARY TRUST (“K.
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Garcia”); and DEBORAH KOONS-GARCIA, an individual (“D. Garcia”), on the other hand. The
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Family LLC, K. Garcia and D. Garcia may be collectively referred to herein as “Defendants.” Plaintiffs
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and Defendant may be referred to herein severally as a “Party” or jointly as the “Parties.”
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This Stipulation is made with reference to the following recitals:
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WHEREAS, Plaintiffs, the Family LLC, K. Garcia and other members of the Family LLC, as
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well as Jerry Garcia Estate, LLC, have agreed to the substantive terms of settlement and are actively
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negotiating the memorialization thereof, and if the settlement is completed, Plaintiffs’ claims against
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Defendants Rhino Entertainment Company, Warner Music Group Corp. and Warner Strategic
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Marketing, Inc. (the “Warner Parties”), each of which has been served, will be resolved as well; and
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WHEREAS, Defendants (as defined above) have each appeared in this matter; and
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WHEREAS, no trial date has been set in this matter; and
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WHEREAS, the Court has scheduled a case management conference in this matter for May 5,
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2011 at 10:00 a.m.; and
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WHEREAS, based on a May 5, 2011 case management conference date, the last date to meet and
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confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure would be April 14, 2011; and
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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE

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WHEREAS, based on a May 5, 2011 case management conference date, the last date to

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exchange initial disclosures pursuant to Rule 26(a) of the Federal Rules of Civil Procedure would be

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April 21, 2011; and

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WHEREAS, based on a May 5, 2011 case management conference date, the last date for the
Parties to file a joint case management conference statement would be April 28, 2011; and
WHEREAS, the Family LLC and K. Garcia, the other members of the Family LLC, the Jerry

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Garcia Estate LLC and the Warner Parties seek to limit the costs associated with litigation of this action

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pending settlement with Plaintiffs; and

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WHEREAS, without a continuance of the case management conference and dates related thereto,

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the settling parties will have to participate in meet and confer on Rule 26(f) matters, exchange initial

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disclosures and prepare a joint case management conference statement; and

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WHEREAS, the sole non-settling party, D. Garcia, will stipulate to continue these dates; and

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WHEREAS, Rule 6-1(b) of the Civil Local Rules of the United States District Court, Northern

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District of California, requires the parties to obtain a court order for any enlargement or shortening of

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time that alters an event or deadline already fixed by Court order; and

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WHEREAS, the Parties who have appeared jointly request that the case management conference

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currently scheduled for May 5, 2011 at 10:00 a.m. be continued to June 9, 2011 at 10:00 a.m., or as soon

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thereafter as is convenient for the Court, with all related dates adjusted accordingly; and

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WHEREAS, the Parties believe that the requested time modifications would have no substantial
effect on the schedule for this case; and
WHEREAS, the continuance requested herein would allow Plaintiffs, the Family LLC, K.

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Garcia, the other members of the Family LLC, Jerry Garcia Estate LLC and the Warner Parties further

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time to negotiate the memorialization of their settlement and would encourage completion of a

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settlement between Plaintiffs and these parties; and

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WHEREAS, the Parties agree that Plaintiffs shall file this Stipulation with the Court for an order
thereon;
NOW THEREFORE, subject to approval of the Court, Plaintiffs and the appearing Defendants,
by and through their respective undersigned counsel, hereby stipulate as follows:
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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE

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1.0

The foregoing recitals are hereby incorporated by this reference.

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2.0

The case management conference currently scheduled for May 5, 2011 at 10:00 a.m. shall

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be continued June 9, 2011 at 10:00 a.m., or as soon thereafter as is convenient for the

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Court, with all related dates adjusted accordingly.

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3.0

Plaintiffs shall file this Stipulation with the Court for an order thereon.
IDELL & SEITEL, LLP

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Dated: April 18, 2011

By:

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/s/ Richard J. Idell
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs
DONAHUE GALLAGHER WOODS LLP

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Dated: April 18, 2011

By:

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/s/ Lawrence K. Rockwell
Eric Doney
Lawrence K. Rockwell
Eric A. Handler
Attorneys for Defendant Jerry Garcia Family LLC and
Keelin Garcia, as successor to Defendant Keelin Garcia
Testamentary Trust
COBLENZ, PATCH, DUFFY & BASS LLP

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Dated: April 18, 2011

By:

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/s/ Jonathan Bass
Jonathan Bass
Attorneys for Defendant Deborah Koons-Garcia

ATTESTATION OF CONCURRENCE
I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to General
Order No. 45(X)(B), concurrence in the filing of this document has been obtained from Jonathan Bass
and Lawrence K. Rockwell, the above signatories.

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IDELL & SEITEL, LLP

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Dated: April 18, 2011

By:

/s/ Richard J. Idell
Richard J. Idell
Ory Sandel
Attorneys for Plaintiffs

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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE

[PROPOSED] ORDER

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Pursuant to the foregoing Stipulation, IT IS HEREBY ORDERED that the case management

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conference currently scheduled for currently scheduled for May 5, 2011 at 10:00 a.m. shall be continued

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to June 9

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accordingly.

, 2011 at 10:00

a.m. / p.m., with all related dates adjusted

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Dated: 4/18/11
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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CASE NO. 5:08-CV-05772-RS

STIPULATION RE: CONTINUANCE OF CASE MANAGEMENT CONFERENCE