Three Crown Apartments, LLC v. PNC Bank

Filing 16

STIPULATION AND ORDER Extending Time to File Reply Brief to re 11 MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities re 15 : Replies due by 10/2/2012. Signed by Magistrate Judge Elizabeth D. Laporte on 9/26/2012. (kns, COURT STAFF) (Filed on 9/26/2012)

1 MARK JOSEPH KENNEY (State Bar No. 87345)
[e-mail]
2 DUANE M. GECK (State Bar No. 114823)
[e-mail]
3 ANDREW S. ELLIOTT (State Bar No. 254757)
[e-mail]
4 SEVERSON & WERSON
A Professional Corporation
5 One Embarcadero Center, Suite 2600
San Francisco, California 94111
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
8 PNC Bank, N.A.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION
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THREE CROWN APARTMENTS, LLC, a
13 Delaware limited liability company,
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Plaintiff,
vs.

16 PNC BANK, a national banking association,
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Defendant.

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Case No. CV 12 3579 EDL
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME FOR
DEFENDANT TO FILE A REPLY BRIEF
IN SUPPORT OF ITS MOTION TO
DISMISS
Date: October 16, 2012
Time: 9:00 a.m.
Crtrm.: E
Fifteenth Floor
450 Golden Gate
San Francisco, CA 94102
Judge: Hon. Elizabeth D. Laporte

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Action Filed:
Trial Date:

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July 9, 2012
n/a

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CV 12 3579 EDL
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY BRIEF
IN SUPPORT OF ITS MOTION TO DISMISS

10937.0011/2386305.1

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STIPULATION

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Pursuant to Local Rule 6-2, Plaintiff Three Crown Apartments, LLC (“Plaintiff”) and

3 Defendant PNC Bank, N.A. (“Defendant”) by and through their respective counsel, hereby
4 stipulate and request the Court’s Order that Defendant shall have three more business days to file a
5 reply memorandum in support of Defendant’s motion to dismiss Plaintiff’s First Amended
6 Complaint (“FAC”).
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In support of this stipulation, the parties state the following:

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1.

Defendant filed a motion to dismiss Plaintiff’s FAC on September 6, 2012. The

9 hearing on the motion is set for October 16, 2012.
2.

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On September 20, 2012, Plaintiff filed its opposition to Defendant’s motion to

11 dismiss.
3.

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Defendant’s reply in support of its motion to dismiss the FAC is currently due on

13 September 27, 2012.
4.

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The parties hereby stipulate and request that the Court extend the time for the filing

15 of Defendant’s reply in support of its motion to dismiss by three business days, to Tuesday,
16 October 2, 2012.
5.

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In support of this stipulation and request, Defendant states that significant lawyers

18 and representatives for and at PNC Bank will be observing Yom Kippur beginning sundown
19 Tuesday, September 25 and not return to work until the due date of the reply brief on Thursday,
20 September 27.

See Declaration of Duane M. Geck In Support of the Parties Stipulated Request

21 to Extend Time for Defendants to File a Reply Brief (“Geck Decl.”), file concurrently therewith,
22 ¶¶ 5-6.
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6.

No previous schedule modifications were made in the case, either by stipulation or

24 by Court Order. Geck Decl. ¶ 7.
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7.

The stipulated request will result in only a minor delay to the briefing schedule, and

26 will allow the Court two weeks to consider the papers. Geck Decl. ¶ 8.
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WHEREFORE, the parties stipulate and respectfully request the Court that the time for

28 Defendant to file a reply memorandum in support of Defendants’ motion to dismiss Plaintiff’s
CV 12 3579 EDL
10937.0011/2386305.1
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY BRIEF
IN SUPPORT OF ITS MOTION TO DISMISS

1 FAC to October 2, 2012, and that the hearing date on Defendants’ motion to dismiss remain as
2 set on October 16, 2012.
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IT IS SO STIPULATED.

4 DATED: September 24, 2012

SEVERSON & WERSON, P.C.

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By:

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/s/ Duane M. Geck
Duane M. Geck

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Attorneys for Defendant
PNC, BANK, N.A.

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CV 12 3579 EDL
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY BRIEF
IN SUPPORT OF ITS MOTION TO DISMISS

10937.0011/2386305.1

1 DATED: September 24, 2012

McGRANE LLP

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By:

/s/ William McGrane
William McGrane

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Attorneys for Plaintiff
THREE CROWN APARTMENTS, LLC

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

September 26, 2012
Dated: _______________

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The Hon. Elizabeth D. Laporte
United States District Court Magistrate Judge

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CV 12 3579 EDL
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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR DEFENDANT TO FILE A REPLY BRIEF
IN SUPPORT OF ITS MOTION TO DISMISS

10937.0011/2386305.1