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

Filing 16

Motions terminated: 7 MOTION to Dismiss filed by Santa Cruz Surfing Club Inc, Ryan Rittenhouse., ORDER continuing case management conference to 7/10/09 @ 2:30 p.m. (ts, COURT STAFF) (Filed on 5/28/2009)

Case 3:08-cv-05783-SI

Document 15

Filed 05/22/2009

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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 VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS AND RESCHEDULING THE JUNE 12, 2009 CASE MANAGEMENT CONFERENCE

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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 VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS AND RESCHEDULING CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

Case 3:08-cv-05783-SI

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Filed 05/22/2009

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STIPULATION 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 June 12, 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 executed a term sheet setting forth the material terms of a settlement at the close of mediation; WHEREAS, the parties are engaged in ongoing discussions regarding the final settlement documents; and WHEREAS, Plaintiffs and Defendants agree that moving the Case Management Conference and related dates is necessary to provide the parties with sufficient time to resolve the matter without further litigation; // // // // // // // // // // 2
STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS AND RESCHEDULING CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

Case 3:08-cv-05783-SI

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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 following events are rescheduled as indicated below, and that any other related dates or deadlines be adjusted accordingly:

Current Date Case Management Conference Last day to meet & confer under FRCP 26(f) Last day to submit discovery plan under FRCP 26(f) and Joint Case Management Statement Last day to complete initial disclosures Hearing on Defendants' Motion to Dismiss June 5 June 12 June 12 May 22 June 5

New Date July 10 June 26 July 3

July 3 VACATED

IT IS SO STIPULATED.

Dated: May 22, 2009

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

Dated: May 22, 2009

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

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STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS AND RESCHEDULING CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

Case 3:08-cv-05783-SI

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Filed 05/22/2009

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[PROPOSED] ORDER The initial Case Management Conference scheduled for June 12, 2009 at 2:30 p.m. is hereby rescheduled for July 10, 2009 at 2:30 p.m. All related dates are rescheduled accordingly. The hearing on Defendants' Motion to Dismiss scheduled for June 12, 2009 at 9:00 am is hereby vacated. IT IS SO ORDERED.

Dated: _________________________

Hon. Susan Illston U.S. District Court Judge

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Gibson, Dunn & Crutcher LLP

STIPULATION AND [PROPOSED] ORDER VACATING HEARING ON DEFENDANTS' MOTION TO DISMISS AND RESCHEDULING CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783