Corsini v. Canyon Equity, LLC et al

Filing 58

AMENDED ORDER re 56 Stipulation filed by Auberge Resorts, LLC, Mark Harmon. Signed by Magistrate Judge Jacqueline Scott Corley on 7/1/2011. (ahm, COURT STAFF) (Filed on 7/1/2011)

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Richard Van Duzer (State Bar No. 136205)
[e-mail]
Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
MARK HARMON and AUBERGE RESORTS,
LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FRANK A. CORSINI,

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Plaintiff,
vs.
CANYON EQUITY, LLC, a Delaware
Limited Liability Company DBA
CANYON GROUP; AUBERGE
RESORTS, LLC, a California Limited
Liability Company; MARK HARMON;
HOMI VAZIFDAR; and KJELL
SPANGBERG,

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Case No. CV-10-2061-JSC
STIPULATED REQUEST FOR
CONTINUANCE OF CMC AND JOINT
CMC STATEMENT
Date:
Time:
Dept.:
Judge:

July 7, 2011
1:30 p.m.
Courtroom F
Hon. Jacqueline Scott Corley

Action Filed: May 14, 2010

Defendants.

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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

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Plaintiff FRANK A CORSINI (“Plaintiff”) and Defendants AUBERGE RESORTS, LLC

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and MARK HARMON hereby submit this Stipulated Request for Continuance of CMC and Joint

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CMC Statement in advance of the case management conference currently scheduled in this matter

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for July 7, 2011.

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1.

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On May 23, 2011, Judge James Larsen entered an order dismissing with prejudice all of

Stipulated Request for Continuance

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Plaintiff’s claims against Defendants CANYON EQUITY, LLC, KJELL SPANGBERG, and

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HOMI VAZIFDAR. On June 30, 2011, Plaintiff and Defendants Auberge Resorts, LLC and

Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

STIPULATION RE CONTINUANCE OF CMC AND
JOINT CMC STATEMENT
CV-10-2061-JSC

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Mark Harmon reached an agreement in principle to settle all remaining claims. The parties are in

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the course of finalizing and documenting their agreement, and expect to file a Dismissal With

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Prejudice within the next 30 to 45 days. Accordingly, Plaintiff and Defendants Auberge Resorts,

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LLC and Mark Harmon request that the Court continue the case management conference

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currently scheduled for July 7, 2011 to allow them sufficient time to finalize their agreement. In

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the event the Court does not grant the parties’ request for a continuance of the conference,

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however, Plaintiff and Defendants Auberge Resorts, LLC and Mark Harmon submit this Joint

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Case Management Statement.

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2.

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Jurisdiction and Service.

This Court has subject matter jurisdiction of this matter pursuant to 28 U.S.C. 1332(a)

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because there exists complete diversity between the parties, and the amount in controversy in this

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matter exceeds the minimum threshold amount of $75,000, exclusive of interest and costs. No

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issues exist with respect to personal jurisdiction or venue.

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There are no parties that remain to be served.

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Facts.

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Plaintiff contends that he was specifically asked to find resort investments by a trusted and

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longstanding client, Defendant Kjell Spangberg (“Defendant Spangberg”). Additionally, Plaintiff

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contends that Defendants Mark Harmon and Auberge Resorts, LLC requested that Plaintiff assist

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them by utilizing Plaintiff’s connections to introduce investors to them who would invest money

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in development. Defendants were well aware of the fact that Plaintiff agreed to perform such

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services with the expectation of being compensated for his services.

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Plaintiff contends that he made several introductions, including jump-starting business

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opportunities between Defendant Spangberg, Defendant Auberge, Defendant Harmon, Defendant

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Homi Vazifdar, and Defendant Christopher Henkel. Plaintiff contends that he was not

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compensated by the Defendants for the reasonable value of his services. Plaintiff contends that

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Defendants all benefited from the compensation/monies invested by Defendant Spangberg.

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Plaintiff seeks the reasonable value of services performed and estimates it to exceed six million

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dollars.

Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

STIPULATION RE CONTINUANCE OF CMC AND
JOINT CMC STATMENT
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Defendants dispute these assertions and raise affirmative defenses to each and every one

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of Plaintiff’s claims. Defendants contend that Plaintiff’s claims are barred by the statute of

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limitations and the equitable doctrine of laches, and that Plaintiff cannot allege contractual or

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quantum meruit claims against parties with whom he had no agreement. Defendants contend

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Plaintiff is owed nothing and has no good faith claim to any compensation. Plaintiff disputes

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Defendants’ contentions.

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3.

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Plaintiff: In his First Amended Complaint, Plaintiff asserted causes of action under the

Legal Issues.

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laws of the State of California for: (1) breach of contract (against Defendants Harmon and

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Auberge); (2) fraud – concealment (against all Defendants); (3) an accounting (against all

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Defendants); (4) quantum meruit (against all Defendants); and violation of California Business

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and Professions Code §17200 (against all Defendants).

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Defendants: As set forth below, Defendants Kjell Spangberg, Homi Vazifdar, and

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Canyon Equity, LLC filed a Motion to Dismiss, challenging the sufficiency of the claims brought

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against them.

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4.

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Defendants Mark Harmon and Auberge Resorts, LLC have answered Plaintiff’s First

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Answer.

Amended Complaint.

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5.

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Defendants Kjell Spangberg, Homi Vazifdar, and Canyon Equity, LLC filed a Motion to

Motions.

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Dismiss the First Amended Complaint. The Motion to Dismiss was granted by Judge James

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Larson on May 23, 2011. (Granting Docket #44)

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6.

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Counsel for all parties have instructed their clients to preserve all evidence relevant to the

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issues in this action, including all emails, documents, and other electronically-recorded material.

Evidence Preservation.

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7.

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Plaintiff and Defendants served and exchanged initial disclosures pursuant to Fed. R. Civ.

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Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

Disclosures.

P. 26 on February 23, 2011.
STIPULATION RE CONTINUANCE OF CMC AND
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8.

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Discovery is ongoing.

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The parties are adhering to the following discovery plan pursuant to Fed. R. Civ. P. 26(f):

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Scope of Discovery:

Discovery.

The parties may obtain discovery regarding any non-privileged

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matter that is relevant to any party’s claim or defense—including,

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but not limited to, the existence, description, nature, custody,

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condition, and location of any documents or other tangible things

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and the identity and location of persons who know of any

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discoverable matter.

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Initial Disclosures:

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Were served on all parties who have appeared in this cause on
February 23, 2011.

Disclosure of Experts: Disclosure of experts, including the identity of any expert and all

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accompanying written reports, pursuant to Fed. R. Civ. P.

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26(a)(2):

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(i) At least 90 days before the date set for trial; or

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(ii) If the evidence is intended solely to contradict or rebut

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evidence on the same subject matter identified by another party

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under Rule 26(a)(2)(B), within 30 days after the other party’s

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disclosure.

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Written Discovery:

All written discovery, other than initial disclosures and the

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disclosure of experts as set forth above, shall be completed no

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later than July 23, 2011.

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Oral Depositions:

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Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

All oral depositions must be completed no later than July 30,
2011.

Other Items Under
FRCP 26(f):
9.

None anticipated at this time.

Class Actions.

This case is not a class action suit.
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10.

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There are no other cases or proceedings related to this cause or the facts and claims

Related Cases.

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asserted herein pending before another judge of this Court or before another court or

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administrative body.

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Plaintiff seeks, of and from the aforementioned Defendants under the theories set forth in

Relief.

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the First Amended Complaint, as may be amended, the following relief: (1) all of his actual,

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direct, and consequential damages, which Plaintiff reasonably believes are in the amount of at

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least six million dollars ($6,000,000.00) or the reasonable value of the services he provided; (2)

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reasonable and necessary attorneys' fees; (3) pre-judgment interest at the maximum rate allowed

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by law; (4) post-judgment interest at the maximum rate allowed by law; (5) all costs of court; and

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(6) for all other relief, in law or in equity, to which Plaintiff is justly entitled.

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The damages are based upon a calculation of the introduction fee commissions, equal to

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3% of the value of funds contributed by investors for the business resulting from introductions

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made by Plaintiff, owed to Plaintiff for the resulting business generated from such introductions.

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Defendants deny that Plaintiff is entitled to any damages whatsoever and do not yet
understand the basis for Plaintiff’s damages calculation.

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12.

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On June 30, 2011, Plaintiff and Defendants Auberge Resorts, LLC and Mark Harmon

Settlement and ADR.

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reached an agreement in principle to settle their dispute. The parties are in the process of

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finalizing and documenting their agreement.

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13.

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The parties have consented to Magistrate Judge Jacqueline Scott Corley for all purposes.

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14.

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This case is not suitable for binding arbitration, a special master, or the Judicial Panel on

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Consent to Magistrate Judge for All Purposes.

Other References.

Multidistrict Litigation.

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There does not appear to be any issues that can be narrowed by agreement at this time.

Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

Narrowing of Issues.

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JOINT CMC STATMENT
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Plaintiff contends he provided services, which were not compensated by the Defendants.

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Defendants reject Plaintiff’s claims.

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This is not the type of case that can be handled on an expedited basis with streamlined

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Expedited Schedule.

procedures.
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Scheduling.

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Designation of Experts:

See Section 8 above.

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Discovery Cutoff:

See Section 8 above.

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Hearing of Dispositive Motions:

August 29, 2011

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Pretrial Conference:

September 21, 2011

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Trial:

September 26, 2011

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This case will be tried to a jury. Expected length of trial: 5 days.

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Plaintiff has filed its Certification of Interested Entities or Persons in this cause as

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required by Civil Local Rule 3-16. Pursuant to Civil L.R. 3-16, the undersigned certifies that as

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of this date, other than the named parties, there is no such interest to report.

Trial.

Disclosure of Non-Party Interested Entities or Persons.

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To the parties’ knowledge, there are no other matters that would further facilitate the just,

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Other Matters to Facilitate Disposition of Matter.

speedy, and inexpensive disposition of this matter at this time.

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DATED: June 30, 2011

CHRISTMAN KELLEY & CLARKE, PC

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By: ______________________________
Matthew M. Clarke
Dugan P. Kelley
Attorneys for Plaintiff Frank A. Corsini

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Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

STIPULATION RE CONTINUANCE OF CMC AND
JOINT CMC STATMENT
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Dated: June 30, 2011

FARELLA BRAUN + MARTEL LLP

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By: /s/
Richard Van Duzer

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Attorneys for Defendants
MARK HARMON and AUBERGE RESORTS,
LLC

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Dated: July 1, 2011

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The case management conference is continued to August 4, 2011 at
1:30 p.m. in Courtroom E.

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Farella Braun + Martel LLP
Wine Business Center
899 Adams Street, Suite G
St. Helena, CA 94574
[phone]

STIPULATION RE CONTINUANCE OF CMC AND
JOINT CMC STATMENT
CV-10-2061-JSC

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26523\2665473.1