Kennedy Funding, Inc. v. Chapman et al

Filing 91

ORDER continuing CMC re 89 Joint Case Management Statement filed by Kennedy Funding, Inc. Initial Case Management Conference set for 10/23/2009 10:00 AM.. Signed by Judge Charles R. Breyer on 9/22/09. (be, COURT STAFF) (Filed on 9/22/2009)

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Michael S. Kogan (SBN 128500) [e-mail] Peter F. Jazayeri (SBN 199626) [e-mail] ERVIN COHEN & JESSUP LLP 9401 Wilshire Boulevard, Ninth Floor Beverly Hills, California 90212-2974 Telephone [phone] Facsimile [phone] Attorneys for Kennedy Funding, Inc.

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UNITED STATES DISTRICT FOR THE NORTHERN DISTRICT

COURT

OF CALIFORNIA

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SAN FRANCISCO KENNEDY FUNDING, INC., a New Jersey Corporation, Plaintiff, v. ) ) ) ) ) ) )

DIVISION Case No. C09-01957CRB [PROPOSED] ORDER CONTINUING JOINT CASE MANAGEMENT CONFERENCE

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NICHOLAS CHAPMAN, an individual; JIREH) EDUCATIONAL MINISTRIES, a California ) non-profit corporation; NEWPORT AVALON ) Date: October 2, 2009 INVESTORS, LLC, a California limited ) Place: Courtroom 8, 19th Floor liability company; BRIAN D. EVANS, an ) Judge: The Honorable Charles R. Breyer individual; MANCEBO CORPORATION, a ) California Corporation; ARNE W AGNER, an ) individual; LAWRENCE S. THAL, an ) individual; REDGE MARTIN, an individual; ) VANGUARD FINANCIAL LTD., and DOES 1) through 50, Inclusive, ) ) Defendants. ) ARNE W AGNER, an individual; LAWRENCE) S. THAL, an individual; REDGE MARTIN, an ) individual; and WAYNE REPICH, an ) individual; ) ) Counterclaimants ) )
v.

KENNEDY FUNDING, INC., a New Jersey corporation, Counterclaim-defendant ---------------)
IDOCS: 12416.9:937992.1

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[PROPOSED] ORDER CONTINUING JOINT CASE MANAGEMENT

CONFERENCE Case No. 09-1957-CRB

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The Joint Case Management Statement was filed by Plaintiff Kennedy Funding, Inc. ("Kennedy" or "Plaintiff") and Nicholas Chapman ("Chapman"), JIREH Educational Ministries, Inc. ("JIREH"), Newport Avalon Investors LLC ("Newport Avalon", together with JIREH and Chapman, the "Chapman Defendants"), Lawrence S. Thal ("ThaI"), Arne Wagner ("Wagner"), Redge Martin ("Martin"), and Vanguard Financial Ltd. ("Vanguard"), together with Thal, Wagner, and Martin, the "Vanguard Defendants"), Brian D. Evans ("Evans") and Mancebo Corporation ("Mancebo," together with Evans, the "Mechanics Lien Defendants") (the Chapman Defendants, Vanguard Defendants, and the Mechanics Lien Defendants are the "Defendants" and the Defendants and the Plaintiff are the "Parties ") on September 22, 2009. The Court having read and reviewed the Joint Case Management Statement, and recognizing that the Chapman Defendants have filed Motions to Dismiss the Plaintiff's Second Amended Complaint that are currently scheduled for hearing on October 23,2009, and that the various initial case management deadlines respecting Federal Rule of Civil Procedure 26 and Local Rule ADR compliance are continued until 30 days after the Court rules on these Motions to Dismiss, and the Parties' request to continue the Case Management Conference, until 60 days after the Court enters an Order on the Motions to Dismiss, PURSUANT TO THE STIPULATIONS SET FORTH IN THE JOINT CASE MANAGEMENT STATEMENT, IT IS SO ORDERED THAT: 1. The Case Management Conference currently scheduled for October 2,2009 at 8:30 a.m. is hereby continued to December 18, 2009 at 8:30 a.m. or October 23, 2009 at 8:30 a.m.

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Dated:

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10:00 a.m.

sept. 22, 2009

UNIT ED

JUDGE OF THE UNITED STATES DISTRICT COURT

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IDOCS:12416.9:937992.1

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F D IS T IC T O R

[PROPOSED] ORDER CONTINUING JOINT CASE MANAGEMENT

CONFERENCE Case No. 09-1957-CRB

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PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) ss:

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I am employed in the County of Los Angeles, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 9401 Wilshire Boulevard, Beverly Hills, California 90212-2974. On September 21,2009, I served the document described as [PROPOSED] ORDER CONTINUING JOINT CASE MANAGEMENT CONFERENCE on counsel for the parties in this action, or on the parties in propria persona, addressed as stated on the attached service list: [X] BY MAIL: By placing true and correct copies thereof in individual sealed envelopes, with postage thereon fully prepaid, which I deposited with my employer for collection and mailing by the United States Postal Service. I am readily familiar with my employer's practice for the collection and processing of correspondence for mailing with the United States Postal Service. In the ordinary course of business, this correspondence would be deposited by my employer with the United States Postal Service on that same day. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. [] BY NEXT-DAY DELIVERY: Via Overnite Express. I am readily familiar with my employer's practice for the collection and processing of correspondence via Overnite Express. In the ordinary course of business, this correspondence would be picked up by Overnite Express on that same day. [] BY FACSIMILE: I caused such document to be sent via facsimile to the names and facsimile numbers listed above and received confirmed transmission reports indicating that this document was successfully transmitted to the parties named above. [] (STATE) I declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this Court at whose direction the service was made.

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EXECUTED on September 21, 2009 at Beverly Hills, California.

/s/ Christina O'Meara Christina O'Meara

IDOCS:12416.9:937992.1

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JOINT CASE MANAGEMENT STATEMENT Case No. 09-1957-CRB

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SERVICE LIST Douglas B. Allen Burnett, Burnett & Allen 333 West San Carlos Street 8th Floor San Jose, CA 95110 Michael 1. Ioannou Ropers Majeski Kohn & Bentley 50 West San Fernando Street Suite 1400 San Jose, CA 95113 Fred W. Thompson King, Snell, Mildwurm & Fox 39650 Liberty Street, Suite 420 Fremont, CA 94538 Arne D. Wagner Calvo & Clark LLP One Lombard Street Second Floor San Francisco, CA 94111 Attorneys for Nick Chapman and Newport Avalon Investors, LLC

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Attorneys for JIREH

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Attorneys for Mancebo Corporation and Brian D. Evans

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Attorneys for Vanguard Financial, Ltd., Redge Martin, Lawrence Thal, Wayne Repich and Arne Wagner

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IDOCS:12416.9:937992.1

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JOINT CASE MANAGEMENT STATEMENT Case No. 09-1957-CRB