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: [phone]
Facsimile: [phone]
JAY D. MARINSTEIN (Pro Hac Vice)
PATRICK L. ABRAMOWICH (Pro Hac Vice)
FOX ROTHSCHILD
625 Liberty Avenue, 29th Floor
Pittsburgh, PA 15222
Telephone: [phone]
Facsimile: [phone]
SCOTT R. KIPNIS (Pro Hac Vice)
HOFHEIMER GARTLIR & GROSS, LLP
530 Fifth Avenue
New York, NY 10036
Telephone: [phone]
Facsimile: [phone]

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: [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.

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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1.

(“Complaint”) on October 26, 2011.

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Dollar Tree filed its First Amended Consolidated Complaint against Defendants

2.

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