Capital Trust, Inc. v. Lembi et al

Filing 139

ORDER GRANTING AS MODIFIED 138 Stipulation to Extend Deadlines and TERMINATING WITHOUT PREJUDICE 86 MOTION for Summary Judgment. Signed by Judge Jeffrey S. White on August 2, 2011. (jswlc3, COURT STAFF) (Filed on 8/2/2011)

Case3:09-cv-02492-JSW Document138

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Filed08/01/11 Page1 of 4

STEIN & LUBIN LLP
Julie L. Fieber (SBN 202857)
E-Mail: [e-mail]
600 Montgomery Street, 14th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff
VERITAS-B MEZZ B7, LLC AS SUCCESSOR-ININTEREST TO CAPITAL TRUST, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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VERITAS-B MEZZ B7, LLC AS
SUCCESSOR-IN-INTEREST TO CAPITAL
TRUST, INC.,

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Case No. C 09-02492 JSW

Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER TO FURTHER EXTEND
DATE FOR COMPLETION OF
MEDIATION AND HEARING DATE
FOR MOTION FOR SUMMARY
JUDGMENT

v.
WALTER R. LEMBI, individually and as
trustee of the WALTER AND LINDA LEMBI
FAMILY TRUST DATED JUNE 30, 2004;
FRANK E. LEMBI, individually and as trustee
of the OLGA LEMBI RESIDUAL TRUST
CREATED UNDER THE PROVISIONS OF
PART THREE OF THE LEMBI FAMILY
REVOCABLE TRUST DATED FEBRUARY
17, 1984, and as the trustee of the FRANK E.
LEMBI’S TRUST DATED FEBRUARY 17,
1984; BILLIE SALEVOURIS, individually;
BILLIE Z. SALEVOURIS, as trustee for THE
BILLIE SALEVOURIS TRUST DATED
AUGUST 23, 1983 AS RESTATED ON MAY
24, 2002; DAVID M. RAYNAL, individually
and as trustee for the DAVID M. RAYNAL
REVOCABLE TRUST DATED MAY 9,
2002; RALPH DAYAN, individually and as
co-trustee for the AMENDED AND
RESTATED DAYAN FAMILY
REVOCABLE TRUST DATED DECEMBER
31, 1991,

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AS MODIFIED HEREIN
Judge:

Hon. Jeffrey S. White
Courtroom 11, 19th Floor

Defendants.

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55790002/441299v1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATES

Case No. C 09-02492 JSW

Case3:09-cv-02492-JSW Document138

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Filed08/01/11 Page2 of 4

By and through their respective counsel of record, the parties to this action
(hereinafter collectively “Parties”) hereby stipulate and agree as follows:

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WHEREAS, on May 24, 2011, pursuant to stipulation, this Court entered an order

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re-setting the date for the completion of mediation in the above-referenced matter to September 1,

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2011, and re-setting the hearing on the pending Motion for Summary Judgment to September 2,

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2011. At that time, as stated in the Stipulation, plaintiff Veritas-B Mezz B7, LLC (“Veritas”)

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anticipated that pursuant to a business resolution reached by the parties, it would be able to

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dismiss this matter with prejudice by July 27, 2011.

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WHEREAS, Veritas still believes that all remaining obligations imposed on the

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parties pursuant to that business resolution will be accomplished soon so that it can dismiss this

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action, but was not able to dismiss it by July 27, 2011, because of a problem with the title for the

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properties at issue. Veritas anticipates this problem will be resolved shortly.

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WHEREAS, given this delay, the Parties do not object to a further extension of the
dates for completion of mediation and the hearing on the Motion for Summary Judgment.

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THEREFORE:

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Based on the foregoing, the parties hereby stipulate to and respectfully request that

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the Court order as follows:

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1) That the date set for completion of mediation in this matter be further extended

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to November 1, 2011, and the hearing on the Motion for Summary Judgment be re-set to Friday,

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November 4, 2011.

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IT IS SO STIPULATED.
Dated: August 1, 2011
STEIN & LUBIN LLP

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By: /s/ Julie L. Fieber
Julie L. Fieber
Attorneys for Veritas-B Mezz B7, LLC, as Successor-InInterest to Plaintiff Capital Trust, Inc.

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55790002/441299v1

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATES

Case No. C 09-02492 JSW

Case3:09-cv-02492-JSW Document138

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Dated: August 1, 2011

Filed08/01/11 Page3 of 4

EDWARD C. SINGER JR.

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By: /s/ Edward Singer Jr.
Edward C. Singer Jr.
Attorneys for Defendants
WALTER R. LEMBI, individually and as trustee of the
WALTER AND LINDA LEMBI FAMILY TRUST
DATED JUNE 30, 2004 and FRANK E. LEMBI,
individually and as trustee of the OLGA LEMBI
RESIDUAL TRUST CREATED UNDER THE
PROVISION OF PART THREE OF THE LEMBI
FAMILY REVOCABLE TRUST DATED FEBRUARY
17, 1984 and as the trustee of the FRANK E. LEMBI
SURVIVOR’S TRUST DATED FEBRUARY 17, 1984

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Dated: August 1, 2011

FRIEDMAN DUMAS & SPRINGWATER LLP

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By:

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/s/ Ellen Friedman
Ellen Friedman
Attorneys for Defendants
BILLIE Z. SALEVOURIS, individually and as trustee
for THE BILLIE SALEVOURIS TRUST DATED
AUGUST 23, 1983 AS RESTATED ON MAY 24,
2002; DAVID M. RAYNAL, individually and as trustee
for the DAVID M. RAYNAL REVOCABLE TRUST
DATED MAY 9, 2002; RALPH DAYAN, individually
and as co-trustee for the AMENDED AND RESTED
DAYAN FAMILY REVOCABLE TRUST DATED
DECEMBER 31, 1991

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATES

Case No. C 09-02492 JSW

Case3:09-cv-02492-JSW Document138

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[PROPOSED] ORDER

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The Court having reviewed the Stipulation and [Proposed] Order to Extend Dates
for Completion of Mediation and the hearing date for the remaining pending Motion for
Summary Judgment, and good cause appearing therefore:

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IT IS HEREBY ORDERED THAT the date set for completion of mediation in this
matter be extended to November 1, 2011.

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Filed08/01/11 Page4 of 4

IT IS FURTHER ORDERED THAT the hearing on pending Motion for Summary
Judgment shall be continued to November 4, 2011, at 9:00 a.m.

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DATED: August 2
__________, 2011

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___________________________________
Hon. Jeffrey S. White

The Court HEREBY TERMINATES the motion for summary judgment (Docket No. 86),
without prejudice to Plaintiff seeking a ruling on the motion if the parties are unable to
resolve this matter. If that is the case, Plaintiff may re-notice the motion for hearing on an
open and available date on this Court's calender, and the parties need not re-file their papers.

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STIPULATION AND [PROPOSED] ORDER TO EXTEND DATES

Case No. C 09-02492 JSW