LG Home Products, LLC v. Townsend and Townsend and Crew LLP et al

Filing 29

ORDER granting 28 Stipulation Extending Mediation Cut Off Date to June 30, 2010. Signed by Judge JEFFREY S. WHITE on 5/27/10. (jjo, COURT STAFF) (Filed on 5/27/2010)

Case3:09-cv-05226-JSW Document28

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DAVID R. SHAUB (Bar No. 032322) LISBETH BOSSHART (Bar No. 201822) SHAUB & WILLIAMS LLP 12121 Wilshire Boulevard, Suite 205 Los Angeles, CA 90025-1165 Tel: [phone] Fax: [phone] Email: [e-mail] DAVID G. ROSENBAUM (to be admitted pro hac vice) ROSENAUM & SILVERT, P.C. 650 Dundee Road, Suite 380 Northbrook, IL 60062 Tel: [phone] Fax: [phone] Email: [e-mail] Attorneys for Plaintiffs and Counter-Defendants LG HOME PRODUCTS, LLC and LEWIS GREEN GUY D. CALLADINE (Bar No. 99431) JAN E. ELLARD (Bar No. 171947) CARLSON, CALLADINE & PETERSON LLP 353 Sacramento Street, 16th Floor San Francisco, CA 94111 Tel: [phone] Fax: [phone] Attorneys for Defendant and Counter-Plaintiff TOWNSEND AND TWONSEND AND CREW LLP and Defendants STEVEN C. PETERSEN and DAVID A. HALL UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

LG HOME PRODUCTS, LLC, a Florida CASE NO. CV 09-05226 JSW limited liability company, LEWIS GREEN, an individual, Plaintiff, vs. TOWNSEND AND TOWNSEND AND CREW LLP, a California limited liability partnership, STEVEN C. PETERSEN, an individual, DAVID A. HALL, an individual, Defendants. -1Stipulation and [Proposed] Order Extending Mediation Completion Date to June 30, 2010 STIPULATION AND [PROPOSED] ORDER EXTENDING MEDIATION CUT OFF DATE TO JUNE 30, 2010

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TOWNSEND and TOWNSEND and CREW, LLP, a California limited liability partnership, Counter-Claimant, vs. LG HOME PRODUCTS, LLC, a Florida limited liability company, LEWIS GREEN, an individual, Counter-Defendants.

Plaintiffs and Counter-Defendants LG Home Products and Lewis Green, Defendants Townsend and Townsend and Crew LLP, Steven Petersen and David Hall and Counter-Claimant Townsend and Townsend and Crew LLP (collectively "the Parties") hereby submit the following Stipulation and Proposed Order: WHEREAS, on January 25, 2010 this Court ordered the parties to participate in private mediation on or before May 26, 2010; WHEREAS, Plaintiffs represent that Plaintiff Lewis Green who is the principal of LG Home Products, LLC, presently resides in China and because of a business venture, has been unable to schedule his return to the United States prior to the latter portion of June 2010; WHEREAS, the Parties each believe it necessary to complete certain discovery in order to have a meaningful mediation, including the taking of the deposition of Lewis Green on June 23, 2010, the person most qualified at LG Home Products LLC on June 24, 2010,, and the production of documents by Plaintiffs to be completed by the end of May 2010, which Plaintiffs represent has been delayed because of the various locations of the documents in San Diego and Florida while Plaintiff is in China;

-2Stipulation and [Proposed] Order Extending Mediation Completion Date to June 30, 2010

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WHEREAS, the parties agree that it is important to keep in place all other dates in the January 25, 2010Scheduling Order in this matter, including the Fact Discovery cut-off of September 30, 2010, which the parties agree should only be moved for extraordinary, unanticipated reasons; WHEREAS, the parties agree that the physical presence of Defendants Steven Peterson and David Hall at the mediation is not necessary in order for the parties to conduct a mediation in good faith with the participation of all other parties including a representative of Townsend and Townsend and Crew LLP; and WHEREAS, following the Status Conference on February 11, 2010 and a discussion with the mediator assigned to the case, the parties have met and conferred and agree it is necessary and beneficial to conduct to mediation on June 28, 2010; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that: 1. Based on the foregoing, the undersigned parties through their counsel stipulate to continue the mediation completion date in this matter to June 30, 2010 so that mediation can take place on or about June 28, 2010. Further, the parties agree that this stipulation is not intended to affect any other dates in this matter, including the discovery cut-off date of September 30, 2010 which the parties agree to maintain. 2. 2. Based on the foregoing, Defendants Steven Peterson and David Hall do not need to physically attend the mediation but, instead, may be available on telephone standby.

SO STIPULATED.

-3Stipulation and [Proposed] Order Extending Mediation Completion Date to June 30, 2010

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Dated: May 21, 2010

CARLSON, CALLADINE & PETERSON LLP By: s/Jan E. Ellard/_________ Jan E. Ellard Attorneys for Defendant and Counter-Plaintiff TOWNSEND and TOWNSEND and CREW LLP and Defendants Steven Paterson and David Hall

Dated: May 24, 2010

SHAUB & WILLIAMS LLP By: s/Lisbeth Bosshart Merrill/_________ Lisbeth Bosshart Merrill Attorneys for Plaintiff LG HOME PRODUCTS, LLC

Pursuant to the stipulation above, it is hereby ORDERED that the parties in the referenced matter participate in mediation by June 30, 2010 and that the Scheduling Order shall be so amended. It is FURTHER ORDERED that the fact discovery cut-off of September 30, 2010 will not be moved absent extraordinary, unanticipated reasons. It is FURTHER ORDERED that Defendants Steven Peterson and David Hall do not need to attend the mediation but, instead, may be available on telephone stand-by. IT IS SO ORDERED. Dated: May 27 _, 2010 __ ___________________________ The Honorable Jeffrey S. White United State District Judge

-4Stipulation and [Proposed] Order Extending Mediation Completion Date to June 30, 2010