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

Filing 47

ORDER continuing cmc to 5/14/10 (tf, COURT STAFF) (Filed on 4/7/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 STEVEN J. JOHNSON, SBN 121568 MICHAEL B. SMITH, SBN 235764 GIBSON, DUNN & CRUTCHER LLP 1881 Page Mill Road Palo Alto, California 94304 Telephone: (650) 849-5300 Facsimile: (650) 849-5333 sjjohnson@gibsondunn.com msmith@gibsondunn.com 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: (650) 815-2600 Facsimile: (650) 815-2601 jchadwick@sheppardmullin.com tpreece@sheppardmullin.com 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 APRIL 9, 2010 CASE MANAGEMENT CONFERENCE 22 v. 23 24 25 Defendants. 26 27 28 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 APRIL 9, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 four times since then to allow the parties time to complete a settlement, most recently to April 9, 2010; WHEREAS, two settlement agreements (one between the parties and one between the defendants and their insurer) are now in final form and are being executed; and WHEREAS, the Parties anticipate needing approximately 30 days to collect signatures and fund and close the settlement, and anticipate that a request for dismissal will be filed on or before May 3, 2010. THEREFORE, in an effort to avoid further burdening the Court's docket, the Parties respectfully request that the Court take the Case Management Conference currently set for April 9, 2010 off calendar pending the anticipated filing of a request for dismissal once the settlement is concluded. Should the Court wish to keep a date on calendar, the Parties agree that a further case management conference could be set, if necessary, for May 14, 2010 at 3:00 p.m., or on such other date and time as the Court deems appropriate. IT IS SO STIPULATED. Dated: April 2, 2010 GIBSON, DUNN & CRUTCHER LLP By: ____________/s/_________________________ Steven J. Johnson Attorneys for Plaintiffs SANTA CRUZ SURFING CLUB PRESERVATION SOCIETY and HARRY MAYO 2 STIPULATION AND [PROPOSED] ORDER RESCHEDULING THE APRIL 9, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP Dated: April 2, 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 HEREBY ORDERED that the case management conference set for April 9, 2010 at 3:00 p.m. is taken off calendar. Further case management conference set for 5/14/10 at 3 p.m. with a joint statement due one week prior. SO ORDERED. Dated: _________________________ Hon. Susan Illston U.S. District Court Judge 3 STIPULATION AND [PROPOSED] ORDER RESCHEDULING THE APRIL 9, 2010 CASE MANAGEMENT CONFERENCE Case No. 3:08-cv-05783

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