Dollar Tree Stores, Inc. v. Toyama Partners, LLC et al
Filing
413
ORDER GRANTING LEAVE TO FILE AMENDED ANSWER TO DOLLAR TREE'S FIRST AMENDED AND CONSOLIDATED COMPLAINT re #407 (tf, COURT STAFF) (Filed on 11/29/2011) Modified on 11/30/2011 (ysS, COURT STAFF).
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DAVID F. FAUSTMAN (State Bar No. 81862)
FOX ROTHSCHILD
235 Pine Street, Suite 1500
San Francisco, CA 94104
Telephone: (415) 364-5540
Facsimile: (415) 391-4436
JAY D. MARINSTEIN (Pro Hac Vice)
PATRICK L. ABRAMOWICH (Pro Hac Vice)
FOX ROTHSCHILD
625 Liberty Avenue, 29th Floor
Pittsburgh, PA 15222
Telephone: (412) 391-1334
Facsimile: (412) 391-6984
SCOTT R. KIPNIS (Pro Hac Vice)
HOFHEIMER GARTLIR & GROSS, LLP
530 Fifth Avenue
New York, NY 10036
Telephone: (212) 897-7898
Facsimile: (212) 897-4999
LISA C. ROBERTS (State Bar No. 111982)
PETER M. REHON (State Bar No. 100123)
REHON & ROBERTS
A Professional Corporation
830 The Alameda
San Jose, CA 95126
Telephone: (408) 494-0900
Facsimile: (408) 494-0909
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.
Attorneys for Plaintiff
DOLLAR TREE STORES, INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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DOLLAR TREE STORES, INC.,
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Plaintiff,
v.
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,
Case No. CV 10 0325 SI
STIPULATION GRANTING LEAVE TO
FILE AMENDED ANSWER TO
DOLLAR TREE’S FIRST AMENDED
AND CONSOLIDATED COMPLAINT
Judge:
Honorable Susan Illston
Case No.
CV-10-0325 SI
Complaint filed:
Trial Date:
January 22, 2010
February 6, 2012
Defendants.
STIPULATION GRANTING LEAVE TO FILE AMENDED
ANSWER TO DOLLAR TREE’S FIRST AMENDED AND
CONSOLIDATED COMPLAINT
PT1 551531v2 10/06/11
PT1 557871v1 11/21/11
CASE NO: CV-10-0325 SI
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Plaintiff Dollar Tree Stores, Inc. (“Dollar Tree”) and Defendants Toyama Partners, LLC
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(“Toyama”), Peter Pau individually and d/b/a Sand Hill Property Company (“Pau”), Susanna Pau
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(“Ms. Pau”), Sand Hill Property Management Company (“SH Management”), and Capella-
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Mowry, LLC (“Capella”) (collectively, “Defendants” and, with Dollar Tree, the “Parties”), by
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their undersigned counsel, file the following Stipulation Granting Leave to File Amended
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Answer to Dollar Tree’s First Amended and Consolidated Complaint (“Stipulation”), stating as
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follows:
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(“Complaint”) on October 26, 2011.
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Dollar Tree filed its First Amended Consolidated Complaint against Defendants
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Defendants filed their Answer to Dollar Tree’s Complaint (“Answer”) on
November 9, 2011.
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3.
In paragraph 153 of the Complaint, Dollar Tree averred that a Second Amendment
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to the Sale Agreement by which Toyama transferred the Mowry Crossing Shopping Center to
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Capella was drafted after the closing.
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4.
Defendants asserted objections to paragraph 153 based on the attorney-client
privilege and the attorney work product doctrine and denied the averments on this basis.
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5.
As a result of subsequent conferences between counsel, Defendants agreed to
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withdraw their objections to paragraph 153 and file an amended Answer to the Complaint that
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incorporates an amended response to paragraph 153.
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6.
Under Fed. R. Civ. P. 15(a)(2), a party may amend its pleading with the opposing
party’s written consent.
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7.
In light of the foregoing, the Parties stipulate to Defendants filing an Amended
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Answer with regard to paragraph 153 and ask that the Court enter this Stipulation granting
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Defendants leave to do so.
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STIPULATION GRANTING LEAVE TO FILE AMENDED
ANSWER TO DOLLAR TREE’S FIRST AMENDED AND
CONSOLIDATED COMPLAINT
PT1 551531v2 10/06/11
PT1 557871v1 11/21/11
CASE NO: CV-10-0325 SI
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DATED: November 28, 2011
FOX ROTHSCHILD, LLP
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By:
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/s/ Jay D. Marinstein
Jay D. Marinstein
Attorneys for Plaintiff/Counterdefendant
DOLLAR TREE STORES, INC.
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DATED: November 28, 2011
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REHON & ROBERTS
A Professional Corporation
By:
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/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.
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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11/28/11
The Honorable Susan Illston
U.S. District Court Judge
Northern District of California
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STIPULATION GRANTING LEAVE TO FILE AMENDED
ANSWER TO DOLLAR TREE’S FIRST AMENDED AND
CONSOLIDATED COMPLAINT
PT1 551531v2 10/06/11
PT1 557871v1 11/21/11
CASE NO: CV-10-0325 SI
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