Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Filing 260

ORDER GRANTING AS MODIFIED 249 Stipulation Continuing Hearing Date and Amending Briefing Schedule. Opposition Briefs due on April 29, 2011, and Replies due on May 6, 2011. Motion Hearing set for 6/10/2011 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Signed by Judge Jeffrey S. White on April 6, 2011. (jswlc3, COURT STAFF) (Filed on 4/6/2011)

Vieste, LLC et al v. Hill Redwood Development, LTD. et al

Doc. 260

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Patricia L. Peden (CA 206440) LAW OFFICE OF PATRICIA L. PEDEN 1316 67th Street, Suite 6 Emeryville, California 94608 Telephone: [phone] Nicholas H. Patton (admitted pro hac vice) Robert W. Schroeder III (admitted pro hac vice) Geoffrey P. Culbertson (admitted pro hac vice) PATTON, TIDWELL & SCHROEDER, L.L.P. 4605 Texas Boulevard Post Office Box 5398 Texarkana, Texas 75505-5398 Telephone: [phone] Facsimile: [phone] Courtney Towle (CA 221698) Patton, Tidwell & Schroeder, L.L.P. 1316 67th Street Emeryville, CA 94608 Telephone: [phone] Attorneys for Plaintiffs VIESTE, LLC and VIESTE DEVELOPMENT, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION (1) VIESTE, LLC, an Indiana corporation; and (2) VIESTE DEVELOPMENT, LLC; an Indiana corporation, Plaintiffs, v. (1) HILL REDWOOD DEVELOPMENT, LTD., a British Virgin Islands corporation; (2) HILL INTERNATIONAL, INC., a Delaware corporation; (3) HILL INTERNATIONAL DEVELOPMENT LTD., a British Virgin Islands corporation; (4) REDWOOD CAPITAL ADVISORS, LLC., a Delaware corporation; (5) STEPHEN GOODMAN, individually; and (6) S. DICK SARGON, individually; Defendants, ______________________________________ And related Counterclaim.

No. C 09-04024 JSW STIPULATION AND PROPOSED ORDER CONTINUING HEARING DATE AND AMENDING BRIEFING SCHEDULE AS MODIFIED HEREIN

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For extremely good cause, pursuant to LR-6-1, 6-2,7-12 and this Court's August 27th Order, after reaching agreement, and subject to the Court's approval, the undersigned parties hereby stipulate and agree continuing the dispositive motion hearing date and briefing schedule as detailed below. WHEREAS: 1. Under this Court's August 27, 2011 Order, dispositive motions are presently set

for hearing on April 29, 2011. Each party has filed a dispositive set for hearing on April 29, 2011; presently, responses to these motions are due on April 8, 2011 and replies are due on April 15, 2011. 2. This Court's August 27,, 2011 Order also set the close of fact discovery for

February 15, 2011 and the close of expert discovery for March 22, 2011. This Order contemplates the close of all discovery prior to briefing dispositive motions. 3. Plaintiffs' have been granted extensions to complete both fact and expert

depositions after the deadlines in the Court's August 27, 2010 Order. Dkt. Nos. 222 and 224. Presently, and as ordered by the Court, Plaintiffs will conclude expert discovery on April 1, 2011; Plaintiffs will conclude fact discovery by April 8, 2011 with two Rule 30(b)(6) depositions of Defendants to be taken the week of April 4, 2011. The parties should not be prejudiced in responding to the dispositive motions before discovery is complete. 4. Given the nature of the parties' dispositive motions, to fully address the issues

raised therein, the parties agree both fact and expert discovery should be completed prior to submitting responses to the pending dispositive motions. Under the present schedule, all discovery will not be complete until April 8, 2011. 5. The parties believe these circumstances constitute extremely good cause for

amending the dispositive motion briefing schedule and continuing the dispositive motion hearing date. 6. The parties agree that the concerns raised above would be resolved by

continuing the dispositive motion hearing date to May 13, 2011 or to any date thereafter that
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is convenient for the Court. 7. As of today's date, in May 2011, each of the Court's Civil Law and Motion

dates is presently closed to this matter. This Court's calendar indicates that the Court's next available date for a hearing in this matter is June 3, 2011. 8. The parties agree to have their dispositive motions heard on any date

convenient for the Court on or after May 13, 2011 through June 3, 2011. The parties further agree that the deadlines for responses and replies to the pending dispositive motions should also be amended, per LR-7, should the hearing date for dispositive motions be continued. 9. The parties do not believe that requesting a continuance of the dispositive

motion deadline in this matter as requested will impact other deadlines in the Court's August 27, 2010 Order. WHEREFORE, THE PARTIES STIPULATE AS FOLLOWS: 1. The parties jointly stipulate and request a continuance of the dispositive motion

hearing to the Court's next available date, on or after May 13, 2011. 2. The parties jointly stipulate and request that deadlines for the remaining

briefing on the dispositive motions be amended, per LR-7. IT IS SO STIPULATED DATED: March 31, 2011 Respectfully submitted /s/ Patricia L. Peden Patricia L. Peden LAW OFFICE OF PATRICIA L. PEDEN Attorneys for Plaintiffs and Counter-Defendants VIESTE LLC and VIESTE DEVELOPMENT LLC

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DATED: March 31, 2011

/s/ David P. Borovsky
DAVID P. BOROVSKY LONG & LEVIT LLP Attorneys for Defendants and Counterclaimants HILL REDWOOD DEVELOPMENT, LTD., HILL INTERNATIONAL, INC., HILL INTERNATIONAL DEVELOPMENT, LTD., REDWOOD CAPITAL ADVISORS, LLC, and Defendants STEPHEN GOODMAN, AND S. DICK SARGON

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ORDER Good cause appearing for the stipulated relief requested above, the Court hereby orders: 1. The dispositive motion hearing in this matter is hereby

continued to June 10 ______________, 2011. The oppositions and replies to the pending dispositive motions shall be filed as The opposition briefs shall be filed on required under LR-7 and according to the continued hearing date. April 29, 2011, and reply briefs shall be filed on May 6, 2011. If the Court finds IT IS SO ORDERED. the matter suitable for disposition 6 Dated: April ___, 2011 without oral argument, it shall notify the parties in advance of the hearing date. 2.

JEFFERY S. WHITE UNITED STATES DISTRICT JUDGE

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