Jenkins et al v. Mandelbaum et al

Filing 75

STIPULATION AND ORDER re 74 CONTINUANCE OF STATUS CONFERENCE filed by 3EB Touring Inc, Stephan Jenkins Productions Inc, Third Eye Blind Inc, Stephan Jenkins Status Report due by 1/10/2013. Status Conference set for 1/17/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/26/12. (bpf, COURT STAFF) (Filed on 11/26/2012)

1
2
3
4
5
6
7
8
9
10
11
12

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]

13
14

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

15
16
17

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

18
19
20
21
22
23
24

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

25

UNITED STATES DISTRICT COURT

26

NORTHERN DISTRICT OF CALIFORNIA

27
28

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

Case No.: CV-11-0211 EMC
STIPULATION RE: CONTINUANCE OF

1

1
2

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

3
4
5
6
7
8

STATUS CONFERENCE;
[PROPOSED] ORDER
(E-filing)

Plaintiffs,

Hon. Edward M. Chen, Presiding

vs.
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.

9
10
11

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

12

Counter-Claimant,

13
14
15
16
17
18
19
20
21
22
23

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, at the status conference held on August 24, 2012, the Court scheduled a
further status conference for November 30, 2012; and
WHEREAS, at the status conference held on August 24, 2012, the Court ordered that

24

further discovery and motions are stayed until further order pending developments in the related

25

Fredianelli v. Jenkins case; and

26
27

WHEREAS, since August 24, 2012, the parties have agreed to hold a Settlement
Conference before Magistrate Judge Jacqueline Scott Corley; and

28

2

1
2
3

WHEREAS, Judge Corley has ordered that the Settlement Conference shall be held on
January 8, 2013; and
WHEREAS, the parties agree that, in light of Judge Corley’s order scheduling the

4

Settlement Conference for January 8, 2013, a continuance of the November 30, 2012 Status

5

Conference, to a date after January 8, 2013, is appropriate and will conserve the parties’ and

6

judicial time and resources; and

7

WHEREAS, the parties agree that a continuation of the stay on further discovery and

8

motions ordered on August 24, 2012 is appropriate and will conserve the parties’ and judicial

9

time and resources;

10

NOW THEREFORE, the parties jointly agree: (1) that the Court should continue the

11

Status Conference in the Jenkins v. Mandelbaum case, now set for November 30, 2012, to a date

12

after January 8, 2013; and (2) that the stay on further discovery and motions until further order

13

should remain in effect.

14
15

Dated: November 21, 2012

By:

16

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

17
18
19

Dated: November 21, 2012

By:

Dated: November 21, 2012

By:

20
21

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

22
23
24
25
26
27

IDELL & SEITEL LLP
/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.

28

3

1

ATTESTATION OF CONCURRENCE

2

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

3

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

4

Sanjit Shah and James Murphy, the above signatories.

5
6

Dated: November 21, 2012

7
8
9

By:

IDELL & SEITEL LLP
/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.

10

[PROPOSED] ORDER

11
12
13

PURSUANT TO THE ABOVE STIPULATION, IT IS ORDERED that the Status
Conference currently scheduled for November 30, 2012 shall be continued to January 17

14

at 10:30 a.m.
, 2013. The stay on discovery and motion practice shall remain in effect pending

15

further order of the Court. The Status Conference in the related Fredianelli v. Jenkins case shall

16

remain on calendar as scheduled.

ER

24
25
26
27
28

4

A

H

23

R NIA

dwar
Judge E

FO

RT

22

en

d M. Ch

NO

21

Hon. Edward M. RDERED
O Chen
Judge ofStheO
States
IT I S UnitedFIED District Court
DI
Northern S MO of California
District
A

LI

20

11/26/12

UNIT
ED

19

Dated:

RT
U
O

18

S

17

S DISTRICT
TE
C
TA

N

D IS T IC T
R

OF

C