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

Filing 424

ORDER Jury Selection set for 4/16/2012 08:30 AM before Hon. Susan Illston. Jury Trial set for 4/16/2012 08:30 AM before Hon. Susan Illston. Pretrial Conference set for 4/3/2012 03:30 PM before Hon. Susan Illston. (tfS, COURT STAFF) (Filed on 12/20/2011)

Case3:10-cv-00325-SI Document422

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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 th
625 Liberty Avenue, 29 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]

NORTHERN DISTRICT OF CALIFORNIA
DOLLAR TREE STORES, INC.,

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Plaintiff,

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Attorneys for 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.

UNITED STATES DISTRICT COURT

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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 Plaintiff
DOLLAR TREE STORES, INC.

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Filed12/16/11 Page1 of 3

STIPULATION TO RESCHEDULE
PRETRIAL CONFERENCE AND SET A
NEW DATE FOR TRIAL
____________________________________

v.
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,

Judge:
Case No.

Honorable Susan Illston
CV-10-0325 SI

Complaint filed:
Trial Date:

January 22, 2010
February 6, 2012

Defendants.

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STIPULATION TO RESCHEDULE PRETRIAL CONFERENCE
AND SET A NEW DATE FOR TRIAL
PT1 551531v2 10/06/11
PT1 561204v2 12/15/11

CASE NO: CV-10-0325 SI

Case3:10-cv-00325-SI Document422

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Filed12/16/11 Page2 of 3

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 to Reschedule Pretrial Conference and

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Set a New Date for Trial (“Stipulation”), stating as follows:

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1.

Currently, the Pretrial Conference in the above-captioned litigation is scheduled

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for January 24, 2012, and trial is set to begin on February 6, 2012. See Dkt. No. 337. Pursuant

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to the Court’s Pretrial Instructions, a number of pretrial submissions are due January 10, 2012,

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including, inter alia, the Pretrial Conference Statement, Proposed Jury Instructions, and

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Motions in Limine. See Dkt. No. 280-1.

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2.

On December 13, 2011, a Clerk’s Notice was issued rescheduling both (i)

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argument on the Parties’ cross-motions for summary judgment and (ii) a case management

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conference from December 16, 2011 until January 13, 2012. See Dkt. No. 421. January 13,

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2012 is three days after the pretrial submissions listed above are due, and eleven days before the

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Pretrial Conference is set to occur.

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3.

In order to avoid having to prepare pretrial submissions that may be mooted in

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whole or in part by this Court’s decisions on the Parties’ cross-motions for summary judgment,

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the Parties request that the Pretrial Conference be rescheduled to no earlier than February 27,

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2012 and the trial be rescheduled to begin no earlier than March 12, 2012, but preferably no

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later than April 30, 2012.

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For the foregoing reasons, the Parties respectfully request that the Court grant this

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Stipulation, rescheduling the Pretrial Conference and the start of trial in the above captioned

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litigation.

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STIPULATION TO RESCHEDULE PRETRIAL CONFERENCE
AND SET A NEW DATE FOR TRIAL
PT1 551531v2 10/06/11
PT1 561204v2 12/15/11

CASE NO: CV-10-0325 SI

Case3:10-cv-00325-SI Document422

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Filed12/16/11 Page3 of 3

Dated: December 16, 2011

s/ Jay D. Marinstein
Jay D. Marinstein (Admitted Pro Hac Vice)
FOX ROTHSCHILD LLP
Attorney for Plaintiff,
Dollar Tree Stores, Inc.

Dated: December 16, 2011

s/ Peter M. Rehon
Peter M. Rehon
REHON & ROBERTS
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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ORDER

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The Court, having considered the foregoing, and good cause appearing therefore, it is hereby
ordered that:
1.

The pretrial conference, currently scheduled for January 24, 2012, is hereby
4/3/12
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continued to ____________, ___, 2012, at ___ a.m./p.m.;

3/20
(Pretrial Submissions due __________, ____, 2012, pursuant to the Pretrial

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Instructions at Dkt. No. 280-1)

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2.

The trial, currently scheduled to begin February 6, 2012, is hereby continued to

4/16/12
8:30
____________, ___, 2012, at ___ a.m./p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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The Honorable Susan Illston
U.S. District Court Judge
Northern District of California

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STIPULATION TO RESCHEDULE PRETRIAL CONFERENCE
AND SET A NEW DATE FOR TRIAL
PT1 551531v2 10/06/11
PT1 561204v2 12/15/11

CASE NO: CV-10-0325 SI