Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al

Filing 323

ORDER to extend deadlines for motion to compel fact discovery. Signed by Judge Illston on 10/7/11. re #319 (tf, COURT STAFF) (Filed on 10/7/2011) Modified on 10/11/2011 (ysS, COURT STAFF).

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Peter M. Rehon (SBN 100123)
Lisa C. Roberts (SBN 111982)
Mark V. Isola (SBN 154614)
REHON & ROBERTS
A Professional Corporation
830 The Alameda
San Jose, CA 95126
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants and Counterclaimants TOYAMA
PARTNERS, LLC; PETER PAU d/b/a SAND HILL
PROPERTY COMPANY, a sole proprietorship; PETER
PAU, in his individual capacity and as partner of SAND
HILL PROPERTY MANAGEMENT COMPANY;
SUSANNA PAU, in her capacity as partner of SAND HILL
PROPERTY MANAGEMENT COMPANY; SAND HILL
PROPERTY MANAGEMENT COMPANY, and
CAPELLA-MOWRY, LLC.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Case No. CV 10 0325 SI

DOLLAR TREE STORES, INC.,

STIPULATION TO EXTEND
DEADLINE FOR MOTIONS TO
COMPEL FACT DISCOVERY;
[PROPOSED] ORDER

Plaintiff,
v.

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TOYAMA PARTNERS, LLC; COMERICA
BANK; PETER PAU d/b/a SAND HILL
PROPERTY COMPANY, a sole proprietorship;
PETER PAU, in his individual capacity and as
partner of SAND HILL PROPERTY
MANAGEMENT COMPANY; SUSANNA
PAU, in her capacity as partner of SAND HILL
PROPERTY MANAGEMENT COMPANY;
SAND HILL PROPERTY MANAGEMENT
COMPANY, and CAPELLA-MOWRY, LLC,
Defendants.

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STIPULATION TO EXTEND DISCOVERY MOTION CUTOFF
PT1 552019v2 10/07/11

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PETER PAU d/b/a SAND HILL PROPERTY
COMPANY, a sole proprietorship; PETER
PAU, in his individual capacity and as partner of
SAND HILL PROPERTY MANAGEMENT
COMPANY; SUSANNA PAU, in her capacity
as partner of SAND HILL PROPERTY
MANAGEMENT COMPANY; SAND HILL
PROPERTY MANAGEMENT COMPANY,
and CAPELLA-MOWRY, LLC,

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Counterclaimants,
v.
DOLLAR TREE STORES, INC.

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Counter-Defendant.

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DOLLAR TREE STORES, INC.,

Case No. CV 11 002696 SI

Plaintiff,

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v.
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PETER PAU, TOYAMA PARTNERS, LLC,
and CAPELLA-MOWRY, LLC.

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Defendants.

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Plaintiff /Counter-Defendant Dollar Tree Stores, Inc. (“Dollar Tree”), and

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Defendants/Counterclaimants Toyama Partners, LLC, Peter Pau d/b/a Sand Hill Property

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Company, Peter Pau, Sand Hill Property Management Company, Susanna Pau, and Capella-

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Mowry, LLC (“Defendants;” collectively, Dollar Tree and Defendants are referred to as the

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“Parties”), by their undersigned counsel, enter into the following Stipulation to extend the

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deadline for discovery motions and request Court approval as follows:

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1.

The Parties have been communicating regarding unresolved discovery issues,

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including, but not limited to, the need for supplemental responses to written discovery and the

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need for production of additional documents.

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2.

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The Parties have agreed to provide supplemental discovery responses and

STIPULATION TO EXTEND DISCOVERY MOTION CUTOFF
PT1 552019v2 10/07/11

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documents, with that process to be completed by no later than October 14, 2011, or they will

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confirm in writing prior to that date that no further responses or documents will provided.

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3.

As a result of these discussions, the Parties have agreed to extend the cutoff date

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for the filing of motions to compel further discovery responses. Currently, that cutoff date (based

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on the fact discovery cutoff date of September 30, 2011, and Local Rule 37-3) is October 7, 2011.

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The parties are requesting the last day for the filing of motions to compel fact discovery be

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extended to October 21, 2011.

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WHEREFORE, the Parties respectfully request that the Court approve this Stipulation and
extend the deadline for the filing of motions to compel fact discovery to October 21, 2011.
DATED: October 7, 2011

FOX ROTHSCHILD, LLP

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By:

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DATED: October 7, 2011

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REHON & ROBERTS
A Professional Corporation
By:

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/s/ Jay D. Marinstein
Jay D. Marinstein
Attorneys for Plaintiff/Counterdefendant
DOLLAR TREE STORES, INC.

/s/ Peter M. Rehon
Peter M. Rehon
Attorneys for Defendants and
Counterclaimants TOYAMA PARTNERS,
LLC; PETER PAU d/b/a SAND HILL
PROPERTY COMPANY, a sole
proprietorship; PETER PAU, in his
individual capacity and as partner of SAND
HILL PROPERTY MANAGEMENT
COMPANY; SUSANNA PAU, in her
capacity as partner of SAND HILL
PROPERTY MANAGEMENT COMPANY;
SAND HILL PROPERTY MANAGEMENT
COMPANY, and CAPELLA-MOWRY,
LLC.

PURSUANT TO STIPULATION, IT IS SO ORDERED:

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DATED: October __, 2011
The Honorable Nandor J. Vadas
United States Magistrate Judge

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STIPULATION TO EXTEND DISCOVERY MOTION CUTOFF
PT1 552019v2 10/07/11