Encompass Holdings Inc. v. Daly et al

Filing 53

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 52 Stipulation filed by Encompass Holdings Inc. Signed by Judge Phyllis J. Hamilton on 8/6/09. (nah, COURT STAFF) (Filed on 8/6/2009)

1 PAUL J. STEINER (SBN 41117) LAW OFFICES OF PAUL J. STEINER 2 550 California Street, Suite 700 Sacramento Tower San Francisco, CA 94104 3 Phone: [phone] Fax: [phone] E-mail: [e-mail] 5 Attorney for Defendants CAREY F. DALY, II 6 and RANDALL J. LANHAM 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION 1. The parties hereto, Plaintiff ENCOMPASS HOLDINGS, INC (herein, "Encompass" or "Plaintiff") and Defendants and Cross-Complainants CAREY F. DALY, II and RANDALL J. LANHAM (herein, "Defendants"), being all of the parties so far appearing in this action, hereby stipulate and request, subject to the approval of this Court, that the Case Management Conference currently scheduled for August 6, 2009 at 2:00 P.M. and all related deadlines and conferences, including initial disclosures required pursuant to Rule 26(a), be continued to October 1, 2009 or such other date as is mutually convenient to the Court and counsel. This stipulation and request is based upon the facts stated below.
S T I P U L A T I O N FOR CONTINUANCE OF CASE M A N A G E M E N T CONFERENCE SET FOR a U G U S T 6, 2009 AND ALL CASE M A N A G E M E N T DEADLINES AND CONFERENCES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ENCOMPASS HOLDINGS, INC. a Nevada Corporation, Plaintiff, vs. CAREY F. DALY, II, an individual, and RANDALL J. LANHAM, an individual, Defendants. AND RELATED CROSS-CLAIM. Case No. C 09-1816 PJH STIPULATION FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE SET FOR AUGUST 6, 2009 AND ALL CASE MANAGEMENT DEADLINES AND CONFERENCES

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Defendants' counsel, Paul J. Steiner, a sole practitioner, has a conflict at the time set for

2 this hearing. On July 27, 2009, the Superior Court of California for the County of San Mateo, in a 3 case entitled Kassin v. HAS Parking Company of America, Case No. CIV472261, set a Mandatory 4 Settlement Conference in Redwood City for July 6, 2009 at 2:00 P.M., one half hour earlier than the 5 Case Management Conference in this matter. The Kassin case is set for trial on August 17, 2009. 6 Defendants' counsel asserts that he cannot attend both hearings, and that the Mandatory Settlement 7 Conference involves scheduling before a panel of attorneys, and involves a client who resides in the 8 State of Virginia. 9 3. There is pending a Motion to Disqualify Defendants' counsel based on a claimed conflict

10 of interest. That motion is set for hearing on September 2, 2009. The parties and counsel agree and 11 believe that the Case Management Conference will be more useful after that motion is determined. 12 4. The individually named cross-defendants have not yet been served or appeared. Counsel

13 for Cross-Complainants anticipates that they will be served by the end of this month. The parties 14 and counsel agree and believe that the Case Management Conference will be more useful after the 15 individual defendants appear. 16 5. Based on the foregoing, the parties hereto stipulate, and request the Court to grant a November 5 17 continuance of the Case Management Conference currently set for August 6, 2009 to October 1, 18 2009 or such other time as the Court and counsel may agree, and that the deadlines and conferences 19 related to the Case Management Conference, including initial disclosures pursuant to Rule 26(a), be 20 continued accordingly. 21 22 THE FOREGOING IS SO STIPULATED: 23 24 DATED: August 5, 2009 25 26 27 28 By: ___/s/ Gregory A. Rougeau________________ Gregory A. Rougeau Attorneys for Plaintiff Encompass Holdings, Inc. MANASIAN & ROUGEAU, LLP

S T I P U L A T I O N FOR CONTINUANCE OF CASE M A N A G E M E N T CONFERENCE SET FOR a U G U S T 6, 2009 AND ALL CASE M A N A G E M E N T DEADLINES AND CONFERENCES

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1 DATED: August 5, 2009 2 3 4 5 6 7 8

LAW OFFICE OF PAUL J. STEINER

By: ___/s/ Paul J. Steiner______________________ Paul J. Steiner, Attorneys for Defendants Carey F. Daly, II and Randall J. Lanham

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S T I P U L A T I O N FOR CONTINUANCE OF CASE M A N A G E M E N T CONFERENCE SET FOR a U G U S T 6, 2009 AND ALL CASE M A N A G E M E N T DEADLINES AND CONFERENCES

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EXHIBIT "A"

1 Paul J. Steiner (SBN 41117) Law Offices of Paul J. Steiner 2 550 California Street, Suite 700 Sacramento Tower San Francisco, CA 94104 3 Phone: [phone] Fax: [phone] E-mail: [e-mail] 5 Attorneys for Defendants CAREY F. DALY, II 6 and RANDALL J. LANHAM 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[ P R O P O S E D ] ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE A N D RELATED DEADLINES AND CONFERENCES

ENCOMPASS HOLDINGS, INC. a Nevada Corporation, Plaintiff, vs. CAREY F. DALY,II, an individual, and RANDALL J. LANHAM, an individual, Defendants. AND RELATED CROSS-CLAIM.

Case No. C 09-1816 PJH

[Proposed} ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND CONFERENCES Upon consideration of the Stipulation of the parties set forth above, and good cause appearing therefore, IT IS HEREBY ORDERED THAT: (1) The Case Management Conference set for August 6, 2009 at 2:30 P.M. is cancelled and

the same is reset for hearing on ________________ at ________.

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(2)

The ADR compliance filings shall be made on or before ______________, and that the

1 joint Case Management Statement shall filed on or before ________________. 2 3 DATED: August ______, 2009 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
[ P R O P O S E D ] ORDER GRANTING CONTINUANCE OF CASE MANAGEMENT CONFERENCE A N D RELATED DEADLINES AND CONFERENCES
K:\D\Daly, Lanham adv. Encompass 3769\Pleadings\Proposed Order Continuing CMC.wpd

_______________________________________ PHYLLIS J. HAMILTON Judge of the United States District Court, Northern District of California

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