United States Small Business Administration v. Rocket Ventures II, L.P. et al
Filing
33
ORDER GRANTING AS MODIFIED 32 STIPULATION to Continue Trial, Discovery, and Related Dates in Light of Addition of New Defendants. Discovery due by 8/10/2012. Bench Trial set for 6/10/2013 08:00 AM before Hon. Jeffrey S. White. Dispositive Mot ion Hearing set for 2/22/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Pretrial Conference set for 5/20/2013 02:00 PM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 1/31/12. (jjoS, COURT STAFF) (Filed on 1/31/2012)
Case3:10-cv-04425-JSW Document32 Filed01/24/12 Page1 of 4
SCHNADER HARRISON SEGAL & LEWIS LLP
601 CALIFORNIA STREET, SUITE 1200
SAN FRANCISCO, CA 94108-2817
(415) 364-6700
FAX: (415) 364-6785
1 T. Scott Tate (Bar No. 118427)
Gregory C. Nuti (Bar No. 151754)
2 Melissa S. Lor (Bar No. 245515)
Schnader Harrison Segal & Lewis LLP
3 One Montgomery Street, Suite 2200
San Francisco, CA 94104-5501
4 E-mail:state@schnader.com
E-mail:gnuti@schnader.com
5 E-mail:mlor@schnader.com
Telephone: 415-364-6700
6 Facsimile: 415-364-6785
7 Arlene M. Embrey (Fl Bar No. 125539)
Trial Attorney, Office of General Counsel
8 U.S. Small Business Administration
409 3rd Street, S.W.
9 Washington, D.C. 20416
Email: arlene.embrey@sba.gov
10 Telephone (202) 205-6976
Facsimile (202) 481- 0324
11
Attorneys for Plaintiff United States Small Business
12 Administration in its capacity as Receiver for Rocket
Ventures II SBIC, L.P.
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
SAN FRANCISCO DIVISION
16
17
United States Small Business Administration in
18 its capacity as Receiver for Rocket Ventures II
SBIC, L.P.,
19
Plaintiff,
20
vs.
21
Rocket Ventures II, L.P., a California limited
22 partnership; Rocket Ventures II CEO Fund, L.P.,
a California limited partnership; Rocket
23 Ventures SBIC Partners, LLC, a Delaware
limited liability company; Cordusio Societa
24 Fiduciaria Per Azioni Lozia Federico; Kenneth
W.& Melissa Baldwin; Paul Cantwell; Peter
25 Ayrton Cheese; Yves Derville; Richard S.
Cuccioli; Alistair Anderson Donald; Philippe
26 Gire; Jean-Claude Guez;
Case No.: CV-10-4425
JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL, DISCOVERY, AND RELATED
DATES IN LIGHT OF ADDITION OF
NEW DEFENDANTS.
27 CAPTION CONTINUED ON NEXT PAGE
28
PHDATA 3706187_1
Joint Stipulation and [Proposed] Order to Continue Trial, Discovery and Related Dates
Case3:10-cv-04425-JSW Document32 Filed01/24/12 Page2 of 4
1
2
Joseph Hawes & Chrisopher Eyden; Alan John
3 Healey; Craig Foster Heimark; David E. Kropp;
Gregory Charles Meekings; Michele Liberato;
4 Fred Cucchi; ValorLife; Alberto Gandini; Rijete
Pty. Ltd.; Christopher Stainton; Tyna
5 Development; Thomas Tynan; Patrice Vinet;
Hahei Limited; Michel Saunier; Michel
6 Roujansky; Nigel Backwith; Justine Lumb;
Andrew Middleton; Ajmair Singh Bhullar;
7 Estate of Grant A. Dove; Luca Casiraghi; David
Mather,
8
Defendants.
9
SCHNADER HARRISON SEGAL & LEWIS LLP
601 CALIFORNIA STREET, SUITE 1200
SAN FRANCISCO, CA 94108-2817
(415) 364-6700
FAX: (415) 364-6785
10
11
As the Plaintiff Receiver for Rocket Ventures II SBIC L.P. (“the Receiver”) has now
12 finished its investigation of amounts due and owing by the Class B Limited Partners of the
13 Parent Fund Defendants Rocket Ventures II L.P. and Rocket Ventures CEO Fund, L.P., and
14
As the Receiver has now demanded payment from the Class B Limited Partners of the
15 Defendants; and
16
As the Class B Limited Partners have not remitted payment of the outstanding Demands;
17 and
18
As the Receiver was authorized “to prosecute claims against any Class B Limited
19 Partners by amendment to Complaint against the Defendants without further order of this Court”
20 pursuant to the September 2, 2010, Order in the Receivership Action modifying the stay of
21 proceedings (“Lift Stay Order ¶ 2(e)”); and
22
As the Receiver has now filed and served its Amended Complaint naming Thirty Three
23 (33) Class B Limited Partners as Defendants in this matter; and
24
As the Amended Complaint was authorized by the Lift Stay Order, but is contrary to the
25 current scheduling Order entered August 1, 2011; rather than file a separate proceeding (possibly
26 related and later consolidated) or independent action requiring additional attention to ensure
27 consistent process; and
28
2
PHDATA 3706187_1
Joint Stipulation and [Proposed] Order to Continue Trial, Discovery and Related Dates
Case3:10-cv-04425-JSW Document32 Filed01/24/12 Page3 of 4
1
As the Defendants identified below have agreed to the amendments to the complaint and
2 extension of the related deadlines so that it is not faced with a multiplicity of actions, increased
3 attorneys’ fees and costs, as well as other potential inefficiencies; and
4
For these reasons, as well as the reasons set forth more fully in the Stipulation To
5 Continue Trial, Discovery, and Related Dates and Declarations of Richard Moser and T. Scott
6 Tate, Plaintiff and Defendants identified below stipulate to the Continuance of the Trial,
7 Discovery and Related Dates.
8
IT IS HEREBY STIPULATED AND AGREED THAT:
9
1.
10
The Trial, currently set for November 5, 2012, shall be continued to June 3, 2013;
SCHNADER HARRISON SEGAL & LEWIS LLP
601 CALIFORNIA STREET, SUITE 1200
SAN FRANCISCO, CA 94108-2817
(415) 364-6700
FAX: (415) 364-6785
10 at 8:00 a.m.;
11
2.
12
3.
Close of Percipient Witness Discovery to be Continued to August 10, 2012;
heard
22
Dispositive Motions to be Filed on or before February 18, 2013;
13
4.
Pretrial Conference to be held on May 20, 2013; and
14
5.
Joint Supplemental Case management Statement due on June 11. 2013.
15
So Stipulated.
16 Dated: January 24, 2012
17
18
19
20
21
22
Dated: January 24, 2012
SCHNADER HARRISON SEGAL & LEWIS LLP
By: /s/ T. Scott Tate
T. Scott Tate
Attorneys for Plaintiff
United States Small Business
Administration in Its Capacity as Receiver
for Rocket Ventures II SBIC, L.P.
U.S. SMALL BUSINESS ADMINISTRATION
23
By: /s/ Arlene M. Embrey
Arlene M. Embrey
Office of General Counsel
Attorneys for Plaintiff,
United States Small Business
Administration in its capacity as Receiver
for Rocket Ventures II SBIC, L.P.
24
25
26
27
28
3
PHDATA 3706187_1
Joint Stipulation and [Proposed] Order to Continue Trial, Discovery and Related Dates
Case3:10-cv-04425-JSW Document32 Filed01/24/12 Page4 of 4
1 Dated: January 24, 2012
Cooley LLP
2
3
By: /s/ Gordon C. Atkinson
Gordon C. Atkinson
Counsel for Rocket Ventures SBIC Partners,
LLC; Rocket Ventures II CEO Fund, L.P.;
and Rocket Ventures II, L.P.
4
5
6
7
8 PURSUANT TO STIPULATION, IT IS SO ORDERED: AS MODIFIED ABOVE, IT IS SO
ORDERED.
9
SCHNADER HARRISON SEGAL & LEWIS LLP
601 CALIFORNIA STREET, SUITE 1200
SAN FRANCISCO, CA 94108-2817
(415) 364-6700
FAX: (415) 364-6785
10
31
Dated: January ___, 2012
____________________________________
Honorable Judge Jeffrey S. White
United States District Court Judge
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
PHDATA 3706187_1
Joint Stipulation and [Proposed] Order to Continue Trial, Discovery and Related Dates
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?