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

Filing 35

ORDER GRANTING 34 STIPULATION To Extend The Time To Respond To The Amended Complaint. Signed by Judge Jeffrey S. White on 2/8/12. (jjoS, COURT STAFF) (Filed on 2/8/2012)

Case3:10-cv-04425-JSW Document34 Filed02/07/12 Page1 of 3

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COOLEY LLP
GORDON C. ATKINSON (122401)
([e-mail])
ABIGAIL E. PRINGLE (272548)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
ROCKET VENTURES II, L.P.; ROCKET VENTURES II CEO
FUND, L.P.; and ROCKET VENTURES SBIC PARTNERS,
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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UNITED STATES SMALL BUSINESS
ADMINISTRATION in its capacity as
Receiver for ROCKET VENTURES II SBIC,
L.P.,

Case No. CV-10-4425 JSW
JOINT STIPULATION AND [PROPOSED]
ORDER TO EXTEND THE TIME TO
RESPOND TO THE AMENDED COMPLAINT

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Plaintiff,
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v.
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ROCKET VENTURES II, L.P., a California
limited partnership; ROCKET VENTURES II
CEO FUND, L.P., a California limited
partnership; and ROCKET VENTURES
SBIC PARTNERS, LLC, a Delaware limited
liability company,
Defendants.

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As Plaintiff Receiver for Rocket Ventures II SBIC L.P. (“Plaintiff”) filed an amended
complaint on January 18, 2012, which added thirty three new defendants;
As the majority of these new defendants are not located in the United States and have
designated Rocket Management II, L.L.C. as their U.S. agent for service and process;

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As the time for these new defendants to respond pursuant to Federal Rule of Civil

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Procedure 12(a)(1)(A), assuming that the summons and complaint were legally served upon them

COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

1254895 v1/SF

1.

STIPULATION TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT
(CASE NO. CV-10-4425-JSW)

Case3:10-cv-04425-JSW Document34 Filed02/07/12 Page2 of 3

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by service upon counsel for Rocket Management II, L.L.C., is February 8, 2012, or 21 days after

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service on January 18, 2012;

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As many of these defendants have not provided Rocket Management II, L.L.C. with
current contact information;

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As the previously-named defendants and their counsel have made a good faith effort to

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locate and contact these new defendants but have been unable to notify at least seven of them that

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they have been sued;

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As there are a significant number of new defendants that are domestic individuals that (i)

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have not designated Rocket Management II, L.L.C. as agent for service of process and (ii) have

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not yet been served; and

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As both parties anticipate the possibility of Plaintiff attempting service upon some or all

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of the defendants that have no designated Rocket Management II, L.L.C., which efforts it will

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begin to undertake in the next 10 days;

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The parties jointly request that the court extend the time for all defendants to answer,
move, or otherwise respond to the Amended Complaint until March 21, 2012.

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Dated: February 7, 2012

COOLEY LLP

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By: /s/ Gordon C. Atkinson
Gordon C. Atkinson

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Attorneys for Defendants
ROCKET VENTURES II, L.P., ROCKET
VENTURES II CEO FUND, L.P. and ROCKET
VENTURES SBIC PARTNERS, LLC

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

1254895 v1/SF

2.

STIPULATION TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT
(CASE NO. CV-10-4425-JSW)

Case3:10-cv-04425-JSW Document34 Filed02/07/12 Page3 of 3

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Dated: February 7, 2012
SCHNADER HARRISON SEGAL & LEWIS LLP

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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.

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Dated: February 7, 2012
U.S. SMALL BUSINESS ADMINISTRATION

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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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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February ___, 2012
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Honorable Jeffrey S. White
United States District Court Judge

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Filer’s Attestation re signatures: Gordon C. Atkinson hereby attests that concurrence in the filing
of this document has been obtained.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

1254895 v1/SF

3.

STIPULATION TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT
(CASE NO. CV-10-4425-JSW)