San Francisco Residence Club, Inc et al v. Amado et al

Filing 143

STIPULATION AND ORDER RE: REMOVAL AND REPLACEMENT OF DOCUMENTS INCORRECTLY FILED WITH THE MOTION FOR SUMMARY JUDGMENT OF ASPIRE REAL ESTATE, INC. AND EDWARD S. BRODA. Signed by Judge Richard Seeborg on 12/30/10. (cl, COURT STAFF) (Filed on 12/30/2010)

San Francisco Residence Club, Inc et al v. Amado et al

Doc. 143

*E-Filed 12/30/10* 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 WHEREAS on December 23, 2010, declarations of Tony Pizelo and Edward S. Broda were submitted in support of the Motion for Summary Judgment filed by Pacific West DILLINGHAM & MURPHY, LLP DENNIS J. KELLY (SBN 191414) HSIAO C. (MARK) MAO (SBN 236165) BROOKE S. PURCELL (SBN 260058) 225 Bush Street, 6th Floor San Francisco, California 94104-4207 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants PACIFIC WEST SECURITIES, INC., ASPIRE INVESTMENTS, INC., ASPIRE REAL ESTATE, INC., and EDWARD S. BRODA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO RESIDENCE CLUB, INC., DONAHUE O'SHEA, LLC, THOMAS P. O'SHEA, individually and as TRUSTEE FOR THE TRUST OF THOMAS P. AND ANNE O'SHEA, Plaintiffs, v. HENRY A. AMADO, ABACUS FINANCIAL GROUP, LLC, WHITE SANDS ESTATES, LLC EDWARD S. BRODA, ASPIRE REAL ESTATE, INC., ASPIRE INVESTMENTS, INC., PACIFIC WEST SECURITIES, INC., GREGORY FISH and G.D. FISH & ASSOCIATES, and DOES 1 through 100, inclusive, Defendants.

Case No. 3:09-CV-02054-SC STIPULATION AND [PROPOSED] ORDER RE. REMOVAL AND REPLACEMENT OF DOCUMENTS INCORRECTLY FILED WITH THE MOTION FOR SUMMARY JUDGMENT OF PACIFIC WEST SECURITIES, INC. AND ASPIRE INVESTMENTS, INC.

Page 1 - Case No. 3:09-CV-02054-SC STIP. AND [PROPOSED] ORDER RE REMOVAL AND REPLACEMENT OF DOCS. INCORRECTLY FILED WITH THE MTN. FOR SUM. JUDG. OF PAC. WEST SECUR., INC. AND ASPIRE INVEST., INC.
Dockets.Justia.com

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

Securities, Inc. and Aspire Investments, Inc. Those documents are respectively referred to as Docket Numbers 130 and 133. WHEREAS several of the exhibits attached to the two declarations mistakenly contained un-redacted private information. WHEREAS on Tuesday, December 28, 2010, counsel to plaintiffs informed defense counsel of the inclusion of such private information. WHEREAS counsel signing hereto have agreed to and request that the Court Order that the documents, Docket Numbers 130 and 133, be removed from the docket and replaced with the redacted versions, attached hereto as Exhibits A and B. By stipulation between plaintiffs San Francisco Residence Club, Inc., Donahue, O'Shea, LLC, and Thomas P. O'Shea, individually and as Trustee for the Trust of Thomas P. and Anne O'Shea, and defendants Pacific West Securities, Inc., Aspire Investments, Inc., Aspire Real Estate, Inc. and Edward S. Broda, the parties request that the Court Order Docket Numbers 130 and 133 be replaced with the attached Exhibits A and B. IT IS SO STIPULATED. Respectfully submitted, Dated: December 30, 2010 /s/Brooke S. Purcell Brooke S. Purcell DILLINGHAM & MURPHY, LLP 225 Bush Street, 6th Floor San Francisco, California 94104 Telephone: [phone] Attorney for Defendants Pacific West Securities, Inc., Aspire Investments, Inc., Aspire Real Estate, Inc., and Edward S. Broda Dated: December 30, 2010 /s/Eugene N. Bulso, Jr. Eugene N. Bulso, Jr. (admitted pro hac vice) LEADER, BULSO, NOLAN & BURNSTEIN, PLC 414 Union Street, Suite 1740 Nashville, Tennessee 37219 Telephone: [phone] [e-mail]

Page 2 - Case No. 3:09-CV-02054-SC STIP. AND [PROPOSED] ORDER RE REMOVAL AND REPLACEMENT OF DOCS. INCORRECTLY FILED WITH THE MTN. FOR SUM. JUDG. OF PAC. WEST SECUR., INC. AND ASPIRE INVEST., INC.

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 IT IS HEREBY ORDERED

Michael J. M. Brook (Bar No. 139595) LANAHAN & REILLEY, LLP 600 Bicentennial Way, Suite 300 Santa Rosa, California 95403 Telephone: [phone] [e-mail] Attorneys for Plaintiffs, SAN FRANCISCO RESIDENCE CLUB, INC., DONAHUE, O'SHEA, LLC, and THOMAS P. O'SHEA, Individually and as Trustee for the TRUST OF THOMAS P. AND ANNE O'SHEA

SIGNATURE ATTESTATION I, Brooke S. Purcell, counsel of record for Pacific West Securities, Inc., Aspire Investments, Inc., Aspire Real Estate, Inc., and Edward S. Broda, hereby attest that I have obtained written permission from each counsel of record herein to submit the instant Stipulation and [Proposed] Order Re. Removal and Replacement of Documents Incorrectly Filed With the Motion for Summary Judgment of Pacific West Securities, Inc. and Aspire Investments, Inc. using the "conformed" signatures (/s/) within this e-filed document. Dated: December 30, 2010 /s/Brooke S. Purcell Brooke S. Purcell DILLINGHAM & MURPHY, LLP 225 Bush Street, 6th Floor San Francisco, California 94104 Telephone: [phone] Attorney for Defendants Pacific West Securities, Inc., Aspire Investments, Inc., Aspire Real Estate, Inc., and Edward S. Broda

Pursuant to the above stipulation among plaintiffs San Francisco Residence Club, Inc., Donahue O'Shea, LLC, Thomas P. O'Shea, individually and as Trustee for the Trust of
Page 3 - Case No. 3:09-CV-02054-SC STIP. AND [PROPOSED] ORDER RE REMOVAL AND REPLACEMENT OF DOCS. INCORRECTLY FILED WITH THE MTN. FOR SUM. JUDG. OF PAC. WEST SECUR., INC. AND ASPIRE INVEST., INC.

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

Thomas P. and Anne O'Shea and defendants Pacific West Securities, Inc., Aspire Investments, Inc., Aspire Real Estate, Inc., and Edward S. Broda (hereafter the "Stipulation of the Parties"), documents designated as Docket Numbers 130 and 133 will be removed from the docket for this matter and replaced with redacted copies of the same, attached as Exhibits A and B to the Stipulation of the Parties. IT IS SO ORDERED,

Dated: 12/30

___, 2010

_________________________________ Hon. Richard Seeborg Judge of the District Court

Page 4 - Case No. 3:09-CV-02054-SC STIP. AND [PROPOSED] ORDER RE REMOVAL AND REPLACEMENT OF DOCS. INCORRECTLY FILED WITH THE MTN. FOR SUM. JUDG. OF PAC. WEST SECUR., INC. AND ASPIRE INVEST., INC.