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

Filing 83

ORDER GRANTING 81 STIPULATION Between Defendants Jean-Claude Guez, Michele Liberato, Yves Derville, Philippe Gire, Michel Roujansky, Michel Saunier, and Patrice Vinet and Plaintiff Receiver for an Additional Twenty One Days to Respond to the A mended Complaint. Signed by Judge Jeffrey S. White on 6/26/12. (jjoS, COURT STAFF) (Filed on 6/26/2012)

Case3:10-cv-04425-JSW Document81 Filed06/22/12 Page1 of 4

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NEAL L. WOLF & ASSOCIATES, LLC
Neal L. Wolf (CA Bar No. 202129)
155 N. Wacker Drive, Suite 1910
Chicago, IL 60606
Main: [phone]
Fax:
[phone]
E-mail: [e-mail]
Attorney for Defendants Jean-Claude Guez, Michele Liberato,
Yves Derville, Philippe Gire,Michel Roujansky, Michel Saunier,
and Patrice Vinet
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
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Telephone: [phone]
Facsimile: [phone]
Arlense 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
E-mail: [e-mail]
Telephone: [phone]
Facsimile: [phone]

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

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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United States Small Business Administration in
its capacity as Receiver for Rocket Ventures II
SBIC, L.P.,
Plaintiff,
Caption Continued on Next Page
00003827.DOC V-

Stipulation for an Additional 21 Days to
Respond to the Amended Complaint

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) Case No. CV-10-4425 JSW
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Case3:10-cv-04425-JSW Document81 Filed06/22/12 Page2 of 4

vs.

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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 &
Christopher Eyden; Alan John Healey; Craig
Foster Heimark; David E. Kropp; Gregory
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; and David Mather,

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STIPULATION BETWEEN
DEFENDANTS JEAN-CLAUDE GUEZ,
MICHELE LIBERATO, YVES
DERVILLE, PHILIPPE GIRE,MICHEL
ROUJANSKY, MICHEL SAUNIER,
AND PATRICE VINET AND
PLAINTIFF RECEIVER FOR AN
ADDITIONAL TWENTY ONE DAYS
TO RESPOND TO THE AMENDED
COMPLAINT;
[PROPOSED] ORDER

Defendants.

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Defendants Jean-Claude Guez, Michele Liberato, Yves Derville, Philippe Gire,Michel
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Roujansky, Michel Saunier, and Patrice Vinet (the “Defendants”)1 and Paintiff United States Small

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Business Administration in its capacity as Receiver for Rocket Ventures II SBIC, L.P. (“Plaintiff

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Recevier”), by and through their respective counsel of record, hereby stipulate and agree as follows:

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WHEREAS:

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Plaintiff Receiver filed an Amended Complaint on January 18, 2012;

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The parties engaged in settlement negotiations in January through May, 2012 (the “Prior
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Negotiations”;

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By entering this stipulation, the above-named Defendants do not waive any potential objections to personal jurisdiction
or service of process.

00003827.DOC V-

Stipulation for an Additional 21 Days to
Respond to the Amended Complaint

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Case3:10-cv-04425-JSW Document81 Filed06/22/12 Page3 of 4

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During the prior negotiations, the Defendants were represented by Dewey & LeBoeuf LLP
(“D&L”);
On May 11, Defendants filed a Motion for Extension of Time to Answer or Otherwise

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Respond to the Amended Complaint (the “Motion,” Dkt. 63) that was granted by Order dated May
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22, 2012 (the “Order,” Dkt. No.71.);
D&L closed its doors on or about May 15, 2012 and the above-named Defendants had to
obtain new counsel;
Pursuant to the Order, Defendants were given until and including June 25, 2012 to answer or

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otherwise respond to the Amended Complaint;
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On June 14, 2012, the above-named Defendants retained Neal Wolf & Associates, LLC
(“NW&A”) to represent them in this matter;
The parties are currently involved in settlement discussions to resolve the claims against the
above-named Defendants;

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NOW, THEREFORE,
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The above-named Defendants and Plaintiff Receiver hereby agree that the time for the above-

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named Defendants to respond to the Amended Complaint shall be extended twenty-one days and the

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above-named Defendants shall have up to, and including, July 16, 2012 to respond to the Amended

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Complaint.

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IT IS SO STIPULATED:

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Dated: June 22, 2012

Neal Wolf & Associates, LLC

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By:

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/s/ Neal L. Wolf
Neal L. Wolf
Attorney for Defendants Jean-Claude Guez, Michele
Liberato,Yves Derville, Philippe Gire,Michel
Roujansky, Michel Saunier,and Patrice Vinet

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00003827.DOC V-

Stipulation for an Additional 21 Days to
Respond to the Amended Complaint

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Case3:10-cv-04425-JSW Document81 Filed06/22/12 Page4 of 4

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Dated: June 22, 2012

Schnader Harrison Segal & Lewis LLP

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By:

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/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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Pursuant to General Order No. 45 § X.B., the filer attests that
concurrence in the filing of this document has been obtained from the
above signatory.

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[Proposed] ORDER
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Pursuant to stipulation, IT IS SO ORDERED:

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Dated: June 26 2012
__,
Hon. Jeffrey S. White
United States District Judge
Northern District of California

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00003827.DOC V-

Stipulation for an Additional 21 Days to
Respond to the Amended Complaint

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