United States Small Business Administration v. Rocket Ventures II, L.P. et al

Filing 164

ORDER GRANTING AS MODIFIED 163 STIPULATION to Continue Pretrial Conference and Trial Dates. Bench Trial set for 6/9/2014 08:00 AM before Hon. Jeffrey S. White. Pretrial Conference set for 5/12/2014 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 9/24/13. (jjoS, COURT STAFF) (Filed on 9/24/2013)

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Case3:10-cv-04425-JSW Document163 Filed09/16/13 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 T. Scott Tate (Bar No. 118427) Gregory C. Nuti (Bar No. 151754) Melissa S. Lor (Bar No. 245515) SCHNADER HARRISON SEGAL & LEWIS LLP One Montgomery Street, Suite 2200 San Francisco, CA 94104-5501 E-mail:state@schnader.com E-mail:gnuti@schnader.com E-mail:mlor@schnader.com Telephone: 415-364-6700 Facsimile: 415-364-6785 Arlene M. Embrey (Fl Bar No. 125539) Trial Attorney, Office of General Counsel U.S. Small Business Administration 409 3rd Street, S.W. Washington, D.C. 20416 Email: arlene.embrey@sba.gov Telephone (202) 205-6976 Facsimile (202) 481- 0324 Attorneys for Plaintiff United States Small Business Administration in its capacity as Receiver for Rocket Ventures II SBIC, L.P. UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 United States Small Business Administration in its capacity as Receiver for Rocket Ventures II SBIC, L.P., 19 20 21 Plaintiff, Case No.: CV-10-4425 STIPULATION TO CONTINUE PRETRIAL CONFERENCE AND TRIAL DATES vs. 27 Rocket Ventures II, L.P., a California limited partnership; Rocket Ventures II CEO Fund, L.P., a California limited partnership; Rocket Ventures SBIC Partners, LLC, a Delaware limited liability company; Cordusio Societa Fiduciaria Per Azioni Lozia Federico; Kenneth W.& Melissa Baldwin; Paul Cantwell; Peter Ayrton Cheese; Yves Derville; Richard S. Cuccioli; Alistair Anderson Donald; Philippe Gire; Jean-Claude Guez; Joseph Hawes & Chrisopher Eyden; Alan John Healey; Craig Foster Heimark; David E. Kropp; Gregory 28 CAPTION CONTINUED ON NEXT PAGE 22 23 24 25 26 Stipulation to Continue Pretrial Conference and Trial Dates PHDATA 4708469_1 Case3:10-cv-04425-JSW Document163 Filed09/16/13 Page2 of 3 1 2 3 4 5 Charles Meekings; Michele Liberato; Fred Cucchi; ValorLife; Alberto Gandini; Rijete Pty. Ltd.; Christopher Stainton; Tyna Development; Thomas Tynan; Patrice Vinet; Hahei Limited; Michel Saunier; Michel Roujansky; Nigel Backwith; Justine Lumb; Andrew Middleton; Ajmair Singh Bhullar; Estate of Grant A. Dove; Luca Casiraghi; David Mather, Defendants. 6 7 8 Plaintiff United States Small Business Administration in its capacity as Receiver for 9 Rocket Ventures II, L.P. (“Plaintiff”) and the entity defendants, Rocket Ventures II L.P., Rocket 10 Ventures II CEO Fund, L.P., and Rocket Ventures SBIC Partners, LLC (collectively, the “Entity 11 Defendants” and together with the Plaintiff, the “Parties”), by and through their respective 12 counsel of record, hereby stipulate and agree as follows: 13 1. On September 10, 2013, this Court entered an “Order (1) Adopting Report and 14 Recommendation on Plaintiff’s Motions for Default Judgment, (2) Requiring Status Report, and 15 (3) Continuing Dates [Doc. No. 161], ordering, among other things, that the pretrial conference 16 17 18 19 20 21 22 23 24 and trial in this action are continued to November 12, 2013 and December 9, 2013, respectively. 2. As the Parties have been in active communication to resolve the matter without further litigation, the Parties agree that a pretrial conference and trial before the end of this year would not be judicious. Recently, the Plaintiff requested to review certain documents from the Entity Defendants, who have been working cooperatively with the Plaintiff. The Entity Defendants are currently gathering such documents and will be producing them to the Plaintiff shortly. 3. Additionally, due to unexpected circumstances regarding the medical condition of 25 lead counsel for the Entity Defendants, the parties believe it would be most prudent to defer the 26 pretrial conference and trial dates for at least six (6) months from the current dates set to allow 27 time to transition to new counsel for the Entity Defendants, should this case not be resolved 28 -2Stipulation to Continue Pretrial Conference and Trial Dates PHDATA 4708469_1 Case3:10-cv-04425-JSW Document163 Filed09/16/13 Page3 of 3 1 before that time. The declaration from Ann M. Mooney, colleague to lead counsel for the Entity 2 Defendants, is concurrently filed herewith. 3 4 5 6 7 8 9 10 THEREFORE, UPON APPROVAL BY THE COURT, it is hereby stipulated by and between the Parties as follows: 12 (1) that the pretrial conference set for November 12, 2013 shall be continued to May 13, 2014, at 1:30 p.m..; and (2) that the bench trial set for December 9, 2013 shall be continued to June 9, 2014, at 8:00 a.m. Dated: September 16, 2013 11 SCHNADER HARRISON SEGAL & LEWIS LLP 12 By: /s/ Melissa S. Lor T. Scott Tate Melissa S. Lor Attorneys for Plaintiff United States Small Business Administration in Its Capacity as Receiver for Rocket Ventures II SBIC, L.P. 13 14 15 16 17 18 Dated: September 16, 2013 By: /s/ Abby Pringle Gordon C. Atkinson Abby Pringle Counsel for Rocket Ventures SBIC Partners, LLC; Rocket Ventures II CEO Fund, L.P.; and Rocket Ventures II, L.P. 19 20 21 22 23 24 Cooley LLP PURSUANT TO STIPULATION, IT IS SO ORDERED: AS MODIFIED ABOVE, IT IS SO ORDERED. 25 26 Dated: September 24, 2013 ____________________________________ Honorable Judge Jeffrey S. White United States District Court Judge 27 28 -3- Stipulation to Continue Pretrial Conference and Trial Dates PHDATA 4708469_1

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