DKS Associates et al v. American Qualified Plans, Inc. et al

Filing 24

STIPULATION AND ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE TO NOVEMBER 19, 2010, Case Management Conference re-set for 11/19/2010 AT 01:30 PM. Signed by Judge Joseph C. Spero on 9/20/10. (klh, COURT STAFF) (Filed on 9/20/2010)

DKS Associates et al v. American Qualified Plans, Inc. et al

Doc. 24

Case3:10-cv-01187-JCS Document23

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OHANSON BERENSON LLP DAVID R. JOHANSON Bar No. 164141 1776 Second Street Napa, California 94559 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff DKS Associates STEIKER, FISCHER, EDWARDS & GREENAPPLE, P.C. MARGARET P. STEERE Bar No. 263429 [e-mail] 401 Warren Street, Suite 202 Redwood City, California 94063 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DKS Associates Stock Ownership Plan and Trust SEDGWICK, DETERT, MORAN & ARNOLD LLP DENNIS G. ROLSTAD Bar No. 150006 SCOTT BLOOM Bar No. 183891 ERIN A. CORNELL Bar No. 227135 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants American Qualified Plans, Inc.; Todd Henry; and Gordon Storjohann UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DKS ASSOCIATES, a California Corporation; DKS ASSOCIATES EMPLOYEE STOCK OWNERSHIP PLAN AND TRUST, Plaintiffs, v. AMERICAN QUALIFIED PLANS, INC.; TODD HENRY; GORDON STORJOHANN; and DOES 1-50, Inclusive, Defendants. CASE NO. C 10-01187 JCS STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE TO NOVEMBER 19, 2010 JUDGE: Honorable Joseph C. Spero

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laintiffs DKS Associates and DKS Associates Employee Stock Ownership Plan and Trust, and defendants American Qualified Plans, Inc., Todd Henry, and Gordon Storjohann, through their counsel of record herein, hereby STIPULATE and AGREE as follows: 1. On July 9, 2010, this Court generously ordered, so that the parties could devote

themselves to mediation of this matter, that the joint report could be filed and the initial disclosures made in this matter by October 1, 2010, continued the Initial Case Management Conference to October 15, 2010 at 1:30 p.m., and stayed all discovery and other litigation until October 1, 2010. The parties requested such a stay and continuance so that they could devote themselves and their limited funds to an attempt to resolve this matter through negotiation and private mediation. 2. Plaintiffs' initially suggested mediator for this matter, Geoff Howard of Bingham

McCutchen, LLP, recently became unavailable to serve as mediator of this matter through the end of the year due to his own trial schedule. The parties looked for alternative mediators and have now scheduled a mediation before the Honorable Ellen S. James (retired) to occur on October 21, 2010. The parties request a further continuance of the date to file their joint report, and make initial disclosures, to November 10, 2010; continuance of the Case Management Conference to November 19, 2010; and continuance of the stay on all discovery and other litigation to November 10, 2010. Such continuance will allow the parties to continue to devote themselves to the scheduled mediation and any follow-up settlement discussions thereafter if necessary, before devoting further resources to litigation of this matter. Therefore, the parties STIPULATE, AGREE, AND RESPECTFULLY REQUEST that the Court continue the dates for the joint report to be filed, and initial disclosures made, to November 10, 2010; continue the Case Management Conference to November 19, 2010; and stay all discovery and other litigation until November 10, 2010.

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O STIPULATED, AGREED, AND RESPECTFULLY REQUESTED:

DATED: September 14, 2010

JOHANSON BERENSON LLP By: s/ David R. Johanson David R. Johanson Attorneys for Plaintiff DKS Associates

DATED: September 17, 2010

STEIKER, FISCHER, EDWARDS & GREENAPPLE, P.C. By: s/ Margaret P. Steere Margaret P. Steere Attorneys for Plaintiff DKS Associates Employee Stock Ownership Plan and Trust

DATED: September 15, 2010

SEDGWICK, DETERT, MORAN & ARNOLD LLP By: s/ Dennis G. Rolstad Dennis G. Rolstad Attorneys for Defendants American Qualified Plans, Inc.; Todd Henry; and Gordon Storjohann

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. s/ Dennis G. Rolstad Dennis G. Rolstad ORDER IT IS SO ORDERED that the joint report is to be filed, and initial disclosures made, by November 10, 2010; that the Initial Case Management Conference is continued from October 15, 2010, to November 19, 2010, at 1:30 p.m.; and that all discovery and other litigation is stayed until November 10, 2010. 09/20/10
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