Greenmarc, LLC et al v. Iffla et al

Filing 46

ORDER granting Stipulation re: Extension of Time to Complete the ENE Process and for Response to Complaint and Order. Signed by Judge William H. Orrick on 04/09/2014. (jmdS, COURT STAFF) (Filed on 4/9/2014)

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THOMAS M. HARRELSON (CA Bar No. 114346)
HARRELSON & ASSOCIATES
533 Airport Boulevard, Suite 325
Burlingame, CA 94010
Telephone:
650/373-3300
Facsimile:
650/373-3302

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Attorneys for Defendant Joseph B. Iffla,
Performex Machining Co., & Performex Machining, Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No.: C 12-6490 WHO

GREENMARC, LLC, et al.

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STIPULATION RE: EXTENSION OF
TIME TO COMPLETE THE ENE
PROCESS AND FOR RESPONSE TO
COMPLAINT AND ORDER

Plaintiffs,
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v.
JOSEPH B. IFFLA, ET AL., et al.;

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Defendants.

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The undersigned parties ("Parties"), by and through their attorneys, hereby stipulate
as follows:
1. The Parties are actively continuing to evaluate and discuss their settlement options

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and in the interest of judicial economy, the Parties agree that continuance of various case

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deadlines are in the interests of the Parties and the Court.

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2.

The parties attended a Case Management Conference before the Honorable

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William H. Orrick on January 14, 2014 resulting in Civil Minutes [ECF No. 41] filed on

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January 15, 2014 and Civil Pre-Trial Order (ECF No. 42] filed on January 30, 2014.

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3.

A new Early Neutral Evaluator was appointed by the Court on March 18,

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2014 [ECF No. 42] after staff at Harrelson & Associates contacted the ENE Administrator to

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follow-up on the delay of the appointment after an objection was made for the previous

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appointment of Jane Pandell. Apparently an electronic calendaring mistake was made at the
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STIPULATION RE: EXTENSION OF TIME TO COMPLETE THE ENE PROCESS AND FOR RESPONSE TO
COMPLAINT AND ORDER
2801110.1

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ENE Administrator’s office which delayed their follow-up and the eventual appointment of a

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new early neutral evaluator. The new evaluator appointed is Martin Quinn at Judicial

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Arbitration and Mediation Services (“JAMS”).

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4. On March 28, 2014 the Parties engaged in an initial telephone conference call with

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Early Neutral Evaluator Martin Quinn. All parties and Mr. Quinn agreed that it would be in

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the best interests of the Court and the parties to extend the time for completion of the ENE

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process to effectively prepare for the mediation/settlement process with Mr. Quinn, and

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similarly extend the time to answer or otherwise respond to the Complaint. A tentative ENE

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date has been agreed to by the parties and Mr. Quinn for April 22, 2014, subject to

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confirmation from Mr. Quinn’s case manager.
4.
deadlines:
A.

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Accordingly, the Parties agree to the following extensions of upcoming

The Parties agree to extend the Early Neutral Evaluation deadline for

completion from the current date of April 14, 2014 to May 14, 2014.
B.

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The time to answer or otherwise respond to the Complaint (ECF No.1)

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shall be further extended from the current agreed upon date of April 15, 2014 to June

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16, 2014.

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5.

The terms of the Case Management Conference Order filed February 28,

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2013 (ECF No. 1 0), the Stipulation filed on March 27, 2013 (ECF No. 12), the Stipulation

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filed on May 6, 2013 (ECF No. 27), the Stipulation filed July 19, 2013 (ECF No. 34), the

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Stipulation filed on January 3, 2014 [ECF No. 38], and the Civil Pretrial Order filed on

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January 30, 2014 (ECF No. 42] will otherwise remain in effect but subject to the additional

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changes outlined within this Stipulation.

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IT IS SO STIPULATED.

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Dated: ________________

LAW OFFICES OF KARL R. MORTHOLE

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___________________________________
Karl R. Morthole, Attorney for PLAINTIFF
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STIPULATION RE: EXTENSION OF TIME TO COMPLETE THE ENE PROCESS AND FOR RESPONSE TO
COMPLAINT AND ORDER
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Dated: ________________

HARRELSON & ASSOCIATES

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_________________________________
Thomas M. Harrelson, Attorney for Defendants
JOSEPH B. IFFLA, individually and dba
PERFORMEX MACHINING COMPANY, and
PERFORMEX MACHINING, INC.

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Dated: ________________

BASSI, EDLIN, HUIE & BLUM, LLP

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____________________________________
Erin K. Poppler, Associated Attorneys for
JOSEPH B. IFFLA, individually and dba
PERFORMEX MACHINING COMPANY

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Dated: ________________

BARG COFFIN LEWIS & TRAPP, LLP

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____________________________________
Joshua A. Bloom, Attorney for Defendant
CARL R. HEINEMAN, individually

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Dated: ________________

PIERCE & SHEARER LLP

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____________________________________
Stacy Y. North, Attorney for Defendants
HOFFMAN METAL PRODUCTS, INC., and
HARRY W. HOFFMAN, individually and as an
officer, director and owner of HOFFMAN
METAL PRODUCTS

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STIPULATION RE: EXTENSION OF TIME TO COMPLETE THE ENE PROCESS AND FOR RESPONSE TO
COMPLAINT AND ORDER
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ORDER

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It is hereby ordered that:

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1. The date by which the Early Neutral Evaluation shall be completed shall be May

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14, 2014.
2. The time to answer or otherwise respond to the Complaint (ECF No.1) shall be
further extended until June 16, 2014.
3. The terms of the Case Management Conference Order filed February 28, 2013

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(ECF No. 1 0), the Stipulation filed on March 27, 2013 (ECF No. 12), the Stipulation filed on

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May 6, 2013 (ECF No. 27), the Stipulation filed July 19, 2013 (ECF No. 34), the Stipulation

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filed on January 3, 2014 [ECF No. 38], and the Civil Pretrial Order filed on January 30, 2014

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(ECF No. 42] will otherwise remain in effect subject to this Order.

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IT IS SO ORDERED.

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Dated: April

9, 2014

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______________________

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Hon. William H. Orrick
UNITED STATES DISTRICT JUDGE

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STIPULATION RE: EXTENSION OF TIME TO COMPLETE THE ENE PROCESS AND FOR RESPONSE TO
COMPLAINT AND ORDER
2801110.1