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 (tf, COURT STAFF) (Filed on 11/29/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 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. 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 18 DOLLAR TREE STORES, INC., 19 20 21 22 23 24 25 26 27 28 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 1 Plaintiff Dollar Tree Stores, Inc. (“Dollar Tree”) and Defendants Toyama Partners, LLC 2 (“Toyama”), Peter Pau individually and d/b/a Sand Hill Property Company (“Pau”), Susanna Pau 3 (“Ms. Pau”), Sand Hill Property Management Company (“SH Management”), and Capella- 4 Mowry, LLC (“Capella”) (collectively, “Defendants” and, with Dollar Tree, the “Parties”), by 5 their undersigned counsel, file the following Stipulation Granting Leave to File Amended 6 Answer to Dollar Tree’s First Amended and Consolidated Complaint (“Stipulation”), stating as 7 follows: 8 9 1. (“Complaint”) on October 26, 2011. 10 11 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. 12 3. In paragraph 153 of the Complaint, Dollar Tree averred that a Second Amendment 13 to the Sale Agreement by which Toyama transferred the Mowry Crossing Shopping Center to 14 Capella was drafted after the closing. 15 16 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. 17 5. As a result of subsequent conferences between counsel, Defendants agreed to 18 withdraw their objections to paragraph 153 and file an amended Answer to the Complaint that 19 incorporates an amended response to paragraph 153. 20 21 6. Under Fed. R. Civ. P. 15(a)(2), a party may amend its pleading with the opposing party’s written consent. 22 7. In light of the foregoing, the Parties stipulate to Defendants filing an Amended 23 Answer with regard to paragraph 153 and ask that the Court enter this Stipulation granting 24 Defendants leave to do so. 25 \\\ 26 \\\ 27 \\\ 28 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 1 DATED: November 28, 2011 FOX ROTHSCHILD, LLP 2 By: 3 4 /s/ Jay D. Marinstein Jay D. Marinstein Attorneys for Plaintiff/Counterdefendant DOLLAR TREE STORES, INC. 5 6 DATED: November 28, 2011 7 8 REHON & ROBERTS A Professional Corporation By: 9 10 11 12 13 14 15 /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. 16 17 PURSUANT TO STIPULATION, IT IS SO ORDERED: 18 19 20 11/28/11 The Honorable Susan Illston U.S. District Court Judge Northern District of California 21 22 23 24 25 26 27 28 2 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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