Santa Cruz Surfing Club Preservation Society et al v. Rittenhouse et al

Filing 14

ORDER continuing motion to 6/12/09. Signed by Judge Illston on 4/21/09. (ts, COURT STAFF) (Filed on 4/22/2009)

Case 3:08-cv-05783-SI

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Filed 04/16/2009

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STEVEN J. JOHNSON, SBN 121568 MICHAEL B. SMITH, SBN 235764 GIBSON, DUNN & CRUTCHER LLP 1881 Page Mill Road Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs SANTA CRUZ SURFING CLUB PRESERVATION SOCIETY and HARRY MAYO JAMES M. CHADWICK, SBN 157114 THAYER M. PREECE, SBN 241824 SHEPPARD MULLIN RICHTER & HAMPTON LLP 990 Marsh Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants RYAN RITTENHOUSE and SANTA CRUZ SURFING CLUB, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SANTA CRUZ SURFING CLUB PRESERVATION SOCIETY, a California nonprofit public benefit corporation; and HARRY MAYO, an individual, Plaintiffs,

CASE NO. 3:08-cv-05783-SI STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS THE COMPLAINT

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Gibson, Dunn & Crutcher LLP

RYAN RITTENHOUSE, an individual; and SANTA CRUZ SURFING CLUB, INC., a California corporation,

Date Filed: December 30, 2008 Trial Date: To be determined

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS Case No. 3:08-cv-05783

Case 3:08-cv-05783-SI

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Filed 04/16/2009

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WHEREAS, Plaintiffs Santa Cruz Surfing Club Preservation Society and Harry Mayo (collectively, "Plaintiffs") filed the complaint in this matter on December 30, 2008; WHEREAS Defendants Ryan Rittenhouse and Santa Cruz Surfing Club, Inc. (collectively, "Defendants") filed and served their Notice of Motion and Motion to Dismiss Plaintiffs' Complaint on March 13, 2009; WHEREAS, a Hearing on Defendants' Motion to Dismiss is currently set for May 8, 2009 at 9:00 a.m.; WHEREAS, the initial Case Management Conference in this matter has been set for June 12, 2009 at 2:30 p.m.; WHEREAS, Plaintiffs and Defendants mediated under the supervision of the Honorable Read Ambler (Ret.) on April 10, 2009 and are currently engaged in ongoing settlement negotiations; and WHEREAS Plaintiffs and Defendants agree that a continuance with respect to the briefing and hearing of the Motion to Dismiss is appropriate to give the parties an opportunity to fully resolve this matter without further litigation; // // // // // // // // // // // // // // 2
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS Case No. 3:08-cv-05783

Case 3:08-cv-05783-SI

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Filed 04/16/2009

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their respective attorneys of record, based on the foregoing, and subject to approval of this Court, that the Hearing on Defendants' Motion to Dismiss shall be continued until 9:00 a.m. on June 12, 2009, or as soon thereafter as the Court is available to hear the matter. IT IS SO STIPULATED.

Dated: April 16, 2009

GIBSON, DUNN & CRUTCHER LLP By: ____________/s/_________________________ Michael B. Smith Attorneys for Plaintiffs SANTA CRUZ SURFING CLUB PRESERVATION SOCIETY and HARRY MAYO

Dated: April 16, 2009

SHEPPARD MULLIN RICHTER & HAMPTON LLP By: ____________/s/__________________________ James M. Chadwick Attorneys for Defendants RYAN RITTENHOUSE and SANTA CRUZ SURFING CLUB, INC.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: _________________________

Hon. Susan Illston U.S. District Court Judge

100638032_2.DOC

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STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS Case No. 3:08-cv-05783