Jenkins et al v. Mandelbaum et al

Filing 47

STIPULATION AND ORDER RESETTING STATUS re 45 Stipulation filed by 3EB Touring Inc, Stephan Jenkins Productions Inc, Third Eye Blind Inc, Stephan Jenkins Replies due by 8/24/2011. Status Conference set for 11/7/2011 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 8/3/11. (bpf, COURT STAFF) (Filed on 8/3/2011)

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RICHARD J. IDELL, ESQ. (SBN 069033)
ORY SANDEL, ESQ. (SBN 233204)
IDELL & SEITEL LLP
465 California Street, Suite 300
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.
JAMES A. MURPHY, ESQ. (SBN 062223)
MURPHY, PEARSON, BRADLEY & FEENEY
88 Kearny Street, 10th Floor
San Francisco, CA 94108-5530
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant and Cross-Claimant
HISCOCK & BARCLAY, LLP

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KENNETH M. LABBATE, ESQ. (admitted pro hac vice)
SANJIT SHAH, ESQ. (admitted pro hac vice)
DAVID A. NELSON, ESQ. (admitted pro hac vice)
MOUND, COTTON, WOLLAN & GREENGRASS

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JOSEPH M. RIMAC, ESQ. (SBN 072381)
WILLIAM REILLY, ESQ. (SBN 177550)
RIMAC & MARTIN, P.C.
1051 Divisadero Street
San Francisco, California 94115
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Thomas I. Mandelbaum
and Selverne, Mandelbaum & Mintz, LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California

Case No.: CV-11-0211 EMC
STIPULATION RE: FURTHER
and related Case No. C11-3232 SI
(Fredianelli v. Stephan Jenkins, et
1 al)

STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE

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corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,

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Plaintiffs,

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vs.

EXTENSION OF CASE MANAGEMENT
CONFERENCE;
[PROPOSED] ORDER
(E-filing)
Hon. Edward M. Chen, Presiding

THOMAS IRVING MANDELBAUM, an
individual; SELVERNE, MANDELBAUM &
MINTZ, LLP, a New York limited liability
partnership; HISCOCK & BARCLAY, LLP, a
New York limited liability partnership; and
DOES 1 through 500, inclusive,
Defendants.

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HISCOCK & BARCLAY, LLP, a New York
limited liability partnership,

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Counter-Claimant,
vs.

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STEPHAN JENKINS, an individual; THIRD
EYE BLIND, INC., a California corporation;
3EB TOURING, INC., a California
corporation; and STEPHAN JENKINS
PRODUCTIONS, INC., a California
corporation,
Counter-Defendants.

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This Stipulation is entered into by and between all of the parties to the above action
through their undersigned attorneys:

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WHEREAS, the court at the last Case Management Conference ordered the case to

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mediation with a private mediator and ordered that the case be mediated before July 31, 2011;

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and

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WHEREAS, the parties sought and obtained the agreement of the parties in a related

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case, Fredianelli v. Jenkins, Action No. 11-CV-01562-R-JC (originally filed in the Central

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District; transferred to the Northern District) to mediate the case with the above-referenced

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matter; and

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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE

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WHEREAS, the parties agreed to mediate both cases before the Hon. Judge Scott
Snowden (Ret.) of JAMS; and

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WHEREAS, the case was mediated over a two-day period, July 12 and 13, 2011; and

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WHEREAS, the parties are still working on settlement and jointly believe that additional

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time is needed to complete the mediation process and explore settlement;
NOW THEREFORE, the parties jointly request that the Court continue the Case

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Management Conference now set for August 12, 2011, for at least 90 days until a date in

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November of 2011, continue the effectiveness of its Case Management and Pretrial Order of

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April 22, 2011, including, but not limited to the provision that no motion(s) for summary

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judgment shall be filed prior to completion of mediation, and continue the mediation completion

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date for 90 days or until October 31, 2011.

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MURPHY, PEARSON, BRADLEY & FEENEY
Dated: July 25, 2011

By:

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/s/
James Murphy
Attorneys for Defendant and Cross-Claimant
HISCOCK & BARCLAY, LLP

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MOUND COTTON WOLLAN & GREENGRASS

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Dated: July 25, 2011

By:

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/s/
Kenneth M. Labbate
Sanjit Shah
Attorneys for Defendants Thomas I. Mandelbaum;
and Selverne, Mandelbaum & Mintz, LLP

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IDELL & SEITEL LLP
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Dated: July 25, 2011

By:

/s/
Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.

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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE

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ATTESTATION OF CONCURRENCE

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I, Richard J. Idell, as the ECF user and filer of this document, attest that, pursuant to

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General Order No. 45(X)(B), concurrence in the filing of this document has been obtained from

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Sanjit Shah and James Murphy, the above signatories.

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IDELL & SEITEL LLP
Dated: July 25, 2011

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By:

/s/
Richard Idell
Ory Sandel
Attorneys for Plaintiffs and Counter-Defendants
STEPHAN JENKINS, THIRD EYE BLIND, INC.,
3EB TOURING, INC. and STEPHAN JENKINS
PRODUCTIONS, INC.

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[PROPOSED] ORDER

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RT

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dwar
Judge E

ER

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en

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NO

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OO
IT IS S
IFIED
S MOD
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Judge of the United States District Court
D
Northern District of California
RDERE

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8/3/11

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Dated:
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ISTRIC
ES D
TC
T
TA
Hon. Edward M. Chen

S

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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. The Status
Conference for both related cases is set for 11/7/11 at 10:30 a.m. An updated Status Report shall
be filed by 10/31/11.

UNIT
ED

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F
D IS T IC T O
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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE