Jenkins et al v. Mandelbaum et al

Filing 49

STIPULATION AND ORDER RESETTING DMC re 48 Stipulation filed by 3EB Touring Inc, Stephan Jenkins Productions Inc, Third Eye Blind Inc, Stephan Jenkins Status Report due by 3/2/2012. Status Conference set for 3/9/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 10/31/11. (bpf, COURT STAFF) (Filed on 10/31/2011)

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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

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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,
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,

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vs.
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.
This Stipulation is entered into by and between all of the parties to the above action
through their undersigned attorneys:
WHEREAS, the Court, at the Case Management Conference held on April 20, 2011,

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ordered the case to mediation with a private mediator and ordered that the case be mediated

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before July 31, 2011; 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) (“Fredianelli Case”), to mediate the case together

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with the above-referenced matter; and

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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE

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WHEREAS, the Fredianelli Case has also now been assigned to the Hon. Judge Edward
Chen; and

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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 two cases were mediated over a two-day period, July 12 and 13, 2011;
and

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WHEREAS, since the parties were still working on settlement, after the July mediation,

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and jointly believed that additional time was needed to complete the mediation process and

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negotiate a global resolution of this action and the Fredianelli Case, the parties jointly requested

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that the Court continue the August 12, 2011 Case Management Conference for 90 days; and

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WHEREAS, the Court did continue the Case Management Conference set for August 12,

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2011, to November 7, 2011, and continued the effectiveness of its Case Management and Pretrial

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

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

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completion date for 90 days or until October 31, 2011, by the Court’s Order of August 3, 2011;

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and

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WHEREAS, the Case Management Conference in the Fredianelli Case is also set for
November 7, 2011; and
WHEREAS, although the parties’ efforts to achieve a global resolution by October 31,

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2011 were hindered by the decisions of certain parties in the Fredianelli Case, i.e., Plaintiff

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Anthony Fredianelli and Defendants David Rawson and Zeisler, Zeisler, Rawson & Johnson,

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LLP, to discharge the attorneys who had represented them during the July 2011 mediation

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sessions and retain new counsel, the parties are still working on settlement and have scheduled

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an additional mediation session in the Fredianelli Case for November 16, 2011; and

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WHEREAS, if the parties are successful in settling this Fredianelli Case on November

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16, 2011, an additional mediation session will be set in the Jenkins v. Mandelbaum case in

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December, 2011; and

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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE

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WHEREAS, if for any reason one or both of the cases do not settle, the parties agree that

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a new trial date and discovery schedule will need to be set at the upcoming and continued Case

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Management Conferences, since the parties have not engaged in any discovery other than the

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limited exchange of documents, and the fact discovery cut-off date in this action is March 26,

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2012.

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NOW THEREFORE, the parties jointly agree to continue the Case Management

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Conference now set for November 7, 2011, for at least 90 days to a date after January 30, 2012,

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and to continue the effectiveness of the Case Management Pretrial Order of April 22, 2011,

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including but not limited to the provision that no motion(s) for summary judgment shall be filed

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prior to completion of mediation, and continue the mediation completion date for 90 days or until

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February 29, 2012.

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MURPHY, PEARSON, BRADLEY & FEENEY
Dated: October 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: October 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: October 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
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: October 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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UNIT
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PURSUANT TO THE ABOVE STIPULATION, IT IS SO ORDERED. Status Conference
is reset from
DISTRIC
11/7/11 to 3/9/12 at
ES
TC
AT
10/31/11
10:30 a.m.
T
Dated:
Hon. Edward M. Chen
Judge of the ERED States District Court
United
RD
Northern
S SO O District of California
IT I
ED

R NIA

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[PROPOSED] ORDER

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STIPULATION RE: FURTHER EXTENSION OF CASE MANAGEMENT CONFERENCE