Jackson v. Fischer et al

Filing 52

ORDER GRANTING 51 Stipulation Modifying Briefing Schedule Regarding Defendants' Motions to Dismiss and Continuing Case Management Conference: Case Management Statement due by 4/20/2012. Replies due by 12/16/2011. Responses due by 11/28/2011. Initial Case Management Conference set for 4/27/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/21/11. (jjoS, COURT STAFF) (Filed on 10/21/2011)

Case3:11-cv-02753-JSW Document51

1
2
3
4
5
6

Filed10/21/11 Page1 of 6

PETER C. McMAHON (State Bar No. 161841)
KATHERINE DEBSKI (State Bar No. 271528)
MCMAHON SEREPCA LLP
985 Industrial Road, Suite 201
San Carlos, CA 94070
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]; [e-mail]
Attorneys for Defendants
WILLIAM FISCHER AND UPPER ORBIT, LLC

7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN FRANCISCO DIVISION

10
11

SUZANNE D. JACKSON,

12

Plaintiff,

13

Case No. 3:11-cv-02753-JSW

v.

14
15
16
17
18
19
20

STIPULATION AND [PROPOSED]
ORDER MODIFYING BRIEFING
SCHEDULE REGARDING
DEFENDANTS’ MOTIONS TO
DISMISS
AND CONTINUING CASE
MANAGEMENT CONFERENCE

WILLIAM FISCHER; JON SABES;
STEVEN SABES; DAVID GOLDSTEEN;
MARVIN SIEGEL; BRIAN CAMPION;
LONNIE BOOKBINDER; CHETAN
NARSUDE; MANI KULASOORIYA;
JOSHUA ROSEN; UPPER ORBIT, LLC;
SPECIGEN, INC.; PEER DREAMS, INC.,
NOTEBOOKZ, INC., ILEONARDO.COM,
INC.; NEW MOON, LLC; MONVIA, LLC;
and SAZANI BEACH HOTEL,
Defendant.

21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER: Case No: 3:11-cv-02753-JSW

1

Case3:11-cv-02753-JSW Document51

Filed10/21/11 Page2 of 6

Plaintiff Suzanne Jackson (“Plaintiff”) and defendants William Fischer

1
2

(“Fischer”), Upper Orbit, LLC (“Upper Orbit”), Jon Sabes (“Jon Sabes”), Steven Sabes (“Steven

3

Sabes”), David Goldsteen (“Goldsteen”), Marvin Siegel (“Siegel”), Brian Campion

4

(“Campion”), Chetan Narsude (“Narsude”), Mani Kulasooriya (“Kulasooriya”), and Monvia,

5
6
7

LLC (“Monvia”), collectively “Defendants”, by and through their counsel, and subject to the
Court’s approval, stipulate as follows:

8

WHEREAS, on or about June 6, 2011, Plaintiff filed her Complaint;

9

WHEREAS, Plaintiff served her Complaint on Defendants on varying dates, as

10

follows:

11
12

(a) On August 19, 2011, Plaintiff’s complaint was served on Defendant

13

Siegel, who stipulated with Plaintiff to extend Siegel’s time to respond

14

until October 11, 2011;

15
16

(b) On August 27, 2011, Plaintiff’s complaint was served on Defendant
Goldsteen, who stipulated with Plaintiff to extend his time to respond

17
18
19

until October 11, 2011;
(c) On or about August 27, 2011, Plaintiff’s complaint was served on

20

Defendant Campion, who stipulated with Plaintiff to extend his time to

21

respond until October 28, 2011;

22
(d) On August 30, 2011, Plaintiff’s complaint was served on Defendants
23
24

Jon Sabes and Steven Sabes, who stipulated with Plaintiff to extend

25

their time to respond until October 11, 2011;

26
27
28
STIPULATION AND [PROPOSED] ORDER: Case No: 3:11-cv-02753-JSW

2

Case3:11-cv-02753-JSW Document51

1

Filed10/21/11 Page3 of 6

(e) On August 30, 2011, Plaintiff’s complaint was served on Defendants

2

Monvia, Narsude, and Kulasooriya, who stipulated with Plaintiff to

3

extend their time to respond until October 11, 2011;

4

(f) On August 31, 2011, Defendants Fischer and Upper Orbit voluntarily

5
6

accepted service of Plaintiff’s complaint through their Minnesota

7

counsel, who stipulated with Plaintiff to extend Fischer’s and Upper

8

Orbit’s time to respond until October 11, 2011;

9
10

(g) Defendants Bookbinder, Specigen, Peer Dreams, Notebookz,
iLeonardo.com, New Moon and Joshua Rosen have been served but

11
12
13
14
15
16

have not yet entered appearances and Defendant Sazani Beach Hotel
has not been served;
WHEREAS, certain Defendants have filed motions to dismiss, as follows:
(a) On October 11, 2011, motions to dismiss were filed by Defendants Jon
Stabes, Steven Sabes, Siegel, Fischer, Upper Orbit, Goldsteen,

17
18
19
20
21

Kulasooriya, Narsude, and Monvia;
WHEREAS, the hearing on Defendants’ Motions to Dismiss is currently set for
February 24, 2012 at 9:00 a.m.;
WHEREAS, Defendants have met and conferred regarding an alternative to the

22
briefing schedule set forth by Civil Local Rule 7-3;
23
24

WHEREAS, the parties hereby stipulate that Plaintiff’s response(s) to all Motions

25

to Dismiss set for hearing on February 24, 2012 shall now be due on November 28, 2011, and

26

Defendants’ Replies to Plaintiff’s opposition(s) shall be due on December 16, 2011.

27
28
STIPULATION AND [PROPOSED] ORDER: Case No: 3:11-cv-02753-JSW

3

Case3:11-cv-02753-JSW Document51

1

Filed10/21/11 Page4 of 6

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED BY AND

2

BETWEEN THE PARTIES that the briefing schedule set forth above is an acceptable

3

modification to the briefing schedule set forth under Civil Local Rule 7-3.

4
5

Dated: October 20, 2011

6
7

/s/ Peter C. McMahon
Peter C. McMahon
MCMAHON SEREPCA LLP
Attorneys for Defendants
William Fischer & Upper Orbit, LLC

8
9

Dated: October 20, 2011

10

/s/Robert Stumpf
Robert Stumpf
SHEPPARD MULLIN ET AL.
Attorneys for Plaintiff Suzanne Jackson

11
12

Dated: October 20, 2011

13
14
15
16

Dated: October 21, 2011

/s/Tanya Herrera
Tanya Herrera
STEIN & LUBIN LLP
Attorneys for Defendants Jon Stabes,
Steven Sabes, and Marvin Siegel
/s/Brian Campion
Brian Campion
Defendant, in pro per

17
18

Dated: October 21, 2011

19
20
21
22
23
24

Dated: October 20, 2011

/s/Bret A. Puls
Bret A. Puls (Pro Hac Vice)
OPPENHEIMER WOLFF &
DONNELLY LLP
Attorneys for Defendant David Goldsteen
/s/Tom Chia-Kai Wang
Tom Chia-Kai Wang
LAW OFFICES OF TOM CHIA-KAI
WANG
Attorneys for Defendants Chetan Narsude,
Mani Kulasooriya, and Monvia LLC

25
26
27
28
STIPULATION AND [PROPOSED] ORDER: Case No: 3:11-cv-02753-JSW

4

Case3:11-cv-02753-JSW Document51

Filed10/21/11 Page6 of 6

In addition, the case management conference, and all associated deadlines, is
CONTINUED from October 28, 2011 at 1:30 p.m. to April 27, 2012 at 1:30 p.m.
1
2

PURSUANT TO STIPULATION, IT IS SO ORDERED
Dated: October 21, 2011

_______________________________
The Hon. Jeffrey S. White

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION AND [PROPOSED] ORDER: Case No: 3:11-cv-02753-JSW

6