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
[phone]
FAX: [phone]

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:[e-mail]
E-mail:[e-mail]
5 E-mail:[e-mail]
Telephone: [phone]
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: [e-mail]
10 Telephone [phone]
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
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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17

United States Small Business Administration in
18 its capacity as Receiver for Rocket Ventures II
SBIC, L.P.,
19
Plaintiff,
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vs.
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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.

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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
[phone]
FAX: [phone]

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
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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.

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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
[phone]
FAX: [phone]

10 at 8:00 a.m.;
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2.

12

3.

Close of Percipient Witness Discovery to be Continued to August 10, 2012;
heard
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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
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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.

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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.

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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
[phone]
FAX: [phone]

10

31
Dated: January ___, 2012

____________________________________
Honorable Judge Jeffrey S. White
United States District Court Judge

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