Koller v. West Bay Acquistions, LLC et al
Filing
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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)
Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page1 of 4
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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
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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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SCOTT KOLLER, AN INDIVIDUAL, ON
BEHALF OF HIMSELF, THE GENERAL
PUBLIC, AND THOSE SIMILARLY
SITUATED,
PLAINTIFF,
V.
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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,
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CASE NO. 12-cv-00117 (CRB)
DEFENDANTS.
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Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page2 of 4
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STIPULATION AND PROPOSED ORDER
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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:
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WHEREAS, Plaintiff filed his Complaint on January 6, 2012;
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WHEREAS, Defendants were served with the Complaint on January 10, 2012;
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WHEREAS, Defendants moved to dismiss on March 2, 2012 (Dkt.# 15);
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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);
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WHEREAS, Plaintiff filed a first amended complaint on May 3, 2012 (Dkt.# 22);
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WHEREAS, Defendants filed a second motion to dismiss on May 23, 2012 (Dkt.## 30, 31);
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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);
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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.);
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WHEREAS, the parties’ discovery efforts are subject to numerous disputes, which will likely
19 necessitate a motion to compel;
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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
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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.
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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.
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In accordance with N.D. Cal. General Order No. 45, Section X, the filer of this document
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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
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By /s/
Andrew Steinheimer
Attorney for Defendants
WEST BAY ACQUISTIONS, LLC;
CHRISTOPHTER RUNCI, LLC; CHRISTOPHER
RUNCI AND TODD HARRAKA
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Dated: September 11, 2012
GUTRIDE SAFIER, LLP
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By /s/
Seth Safier
Attorney for Plaintiff
SCOTT KOLLER
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Case3:12-cv-00117-CRB Document45 Filed09/11/12 Page4 of 4
IT IS SO ORDERED.
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yer
S
s R. Bre
harle
Judge C
ER
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IT IS S
NO
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HON. CHARLES R. BREYER, DISTRICT
D
COURT JUDGE O ORDERE
R NIA
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UNIT
ED
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September 14
DATED: ______________, 2012
RT
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S DISTRICT
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appearing therefore, the Court hereby adopts the terms set forth above as the Order of the Court.
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Having reviewed the foregoing Stipulation submitted by the parties and good cause
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