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

Filing 45

ORDER continuing cmc to 4/9/10 (tf, COURT STAFF) (Filed on 3/3/2010)

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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 RESCHEDULING THE MARCH 5, 2010 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 RESCHEDULING THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE

Case No. 3:08-cv-05783

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Gibson, Dunn & Crutcher LLP

STIPULATION WHEREAS, the Court held a Case Management Conference in this matter on September 18, 2009; WHEREAS, at the September 18, 2009 Case Management Conference, the Court ordered the parties to this action to participate in a settlement conference with Magistrate Judge Spero, and ordered a further Case Management Conference be held on November 20, 2009; WHEREAS, the parties participated in a settlement conference with Magistrate Judge Spero on October 19, 2009; WHEREAS, at the request and by stipulation of the parties, the Court has continued the Case Management Conference three times since then to allow the parties time to complete a settlement, most recently to March 5, 2010; WHEREAS, the parties have, since the settlement conference, drafted a global Settlement Agreement that includes a fully drafted commercial agreement with a third party. There remains one issue in the third party agreement that needs to be resolved, and the parties are waiting for a response from the third party on the one remaining issue. The parties hoped to receive a response from the third party on February 26, 2010, but were told by the third party on February 26th that it has not yet formulated a response on the remaining issue. In addition, Defendants and their insurer have negotiated a separate agreement that is complete and nearly final, except as to one or two points. If the parties are not able to resolve these remaining issues, they intend to return to return to Magistrate Judge Spero to seek his assistance in resolving it, and will reserve a further settlement conference date with Judge Spero for that purpose. In the meantime, the parties would like to ask the Court to continue the Case Management Conference for 30 to 45 days, in which time the parties hope to complete their settlement. 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:

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

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Gibson, Dunn & Crutcher LLP

Current Date Further Case Management Conference March 5, 2010 3:00 p.m. Joint Case Management Statement February 26, 2010

New Date April 9, 2010 3:00 p.m. April 2, 2010

IT IS SO STIPULATED. Dated: January 22, 2010 GIBSON, DUNN & CRUTCHER LLP By: ____________/s/_________________________ Steven J. Johnson Attorneys for Plaintiffs SANTA CRUZ SURFING CLUB PRESERVATION SOCIETY and HARRY MAYO Dated: January 22, 2010 SHEPPARD MULLIN RICHTER & HAMPTON LLP By: ____________/s/__________________________ James M. Chadwick Attorneys for Defendants RYAN RITTENHOUSE and SANTA CRUZ SURFING CLUB, INC. [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: _________________________

Hon. Susan Illston U.S. District Court Judge

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING THE MARCH 5, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783