Koller v. West Bay Acquistions, LLC et al

Filing 46

ORDER granting 45 STIPULATION WITH PROPOSED ORDER filed by Scott Koller. Second Amended Complaint due by 11/20/2012. Signed by Judge Charles R. Breyer on 9/14/2012. (beS, COURT STAFF) (Filed on 9/14/2012)

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Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page1 of 4 1 4 GUTRIDE SAFIER LLP ADAM J. GUTRIDE (State Bar No. 181446) SETH A. SAFIER (State Bar No. 197427) 835 Douglass Street San Francisco, California 94114 Telephone: (415) 336-6545 Facsimile: (415) 449-6469 5 Attorneys for Plaintiff 2 3 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN FRANCISCO DIVISION 10 11 12 13 14 15 16 SCOTT KOLLER, AN INDIVIDUAL, ON BEHALF OF HIMSELF, THE GENERAL PUBLIC, AND THOSE SIMILARLY SITUATED, PLAINTIFF, V. 17 JOINT STIPULATION AND [PROPOSED] ORDER RE LEAVE TO CONDUCT JURISDICTONAL DISCOVERY AND FILE SECOND AMENDED COMPLAINT Judge: Hon. Charles R. Breyer WEST BAY ACQUISTIONS, LLC; CHRISTOPER RUNCI, LLC; CHRISTOPHER RUNCI; TODD HARRAKA, INCLUSIVE, 18 CASE NO. 12-cv-00117 (CRB) DEFENDANTS. 19 20 21 22 23 24 25 26 27 28 1 Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page2 of 4 1 STIPULATION AND PROPOSED ORDER 2 Pursuant to United States District Court, Northern District of California Local Rule 7-11, 3 Plaintiff Scott Koller (“Plaintiff”) and Defendants West Bay Acquisitions, LLC, Christopher Runci, 4 LLC, Christopher Runci, and Todd Harraka (collectively “Defendants”), by and through their 5 respective counsel of record, stipulate and request as follows: 6 WHEREAS, Plaintiff filed his Complaint on January 6, 2012; 7 WHEREAS, Defendants were served with the Complaint on January 10, 2012; 8 WHEREAS, Defendants moved to dismiss on March 2, 2012 (Dkt.# 15); 9 WHEREAS, this Court issued an order granting in part and denying in part Defendant’s motion 10 to dismiss on April 9, 2012, with leave to amend (Dkt.# 21); 11 WHEREAS, Plaintiff filed a first amended complaint on May 3, 2012 (Dkt.# 22); 12 WHEREAS, Defendants filed a second motion to dismiss on May 23, 2012 (Dkt.## 30, 31); 13 WHEREAS, this Court issued an order granting in part and denying in part Defendants’ second 14 motion to dismiss on July 11, 2012 (Dkt.# 39); 15 WHEREAS, in the July 11 order, the Court dismissed, without prejudice, Plaintiff’s claims as 16 to Defendants Christopher Runci and Todd Harraka, but granted 60-days leave to conduct 17 jurisdictional discovery and, if desired, file a second amended complaint (Id.); 18 WHEREAS, the parties’ discovery efforts are subject to numerous disputes, which will likely 19 necessitate a motion to compel; 20 WHEREAS, the parties have agreed to hold in abeyance their discovery disputes pending the 21 outcome of Court ordered mediation, which is currently scheduled for September 21; and 22 WHEREAS, the parties desire to continue the 60-day deadline for Plaintiff to conduct 23 jurisdictional discovery and, if desired, file a second amended complaint until after their September 21 24 mediation. 25 THEREFORE, the parties jointly stipulate that Plaintiff shall have until, and including, 26 November 20, 2012 to conduction jurisdiction discovery and, if desired, file a second amended 27 complaint. 28 In accordance with N.D. Cal. General Order No. 45, Section X, the filer of this document -1______________________________________________________________________________________________________________________________________________________________________________________________________________________ Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page3 of 4 1 hereby attests that the concurrence to the filing of this document has been obtained from the other 2 signatory hereto. 3 Dated: September 11, 2012 ELLIS LAW GROUP, LLP 4 5 By /s/ Andrew Steinheimer Attorney for Defendants WEST BAY ACQUISTIONS, LLC; CHRISTOPHTER RUNCI, LLC; CHRISTOPHER RUNCI AND TODD HARRAKA 6 7 8 9 Dated: September 11, 2012 GUTRIDE SAFIER, LLP 10 11 12 By /s/ Seth Safier Attorney for Plaintiff SCOTT KOLLER 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2______________________________________________________________________________________________________________________________________________________________________________________________________________________ Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page4 of 4 IT IS SO ORDERED. 4 11 yer S s R. Bre harle Judge C ER H 10 RT 9 IT IS S NO 8 HON. CHARLES R. BREYER, DISTRICT D COURT JUDGE O ORDERE R NIA 7 UNIT ED 6 September 14 DATED: ______________, 2012 RT U O 5 S DISTRICT TE C TA FO 3 appearing therefore, the Court hereby adopts the terms set forth above as the Order of the Court. LI 2 Having reviewed the foregoing Stipulation submitted by the parties and good cause A 1 N F D IS T IC T O R C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1

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