Integral Development Corp v. Tolat

Filing 122

ORDER GRANTING AS MODIFIED 117 Administrative Motion Requesting Continuance of Dates in Scheduling Order and [Proposed] Order. Motion Hearing set for 10/4/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Motion Hearing set for 11/8/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge Jeffrey S. White on 8/8/13. (jjoS, COURT STAFF) (Filed on 8/8/2013)

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John L. Cooper (State Bar No. 50324)
[e-mail]
Stephanie Skaff (State Bar No. 183119)
[e-mail]
Anthony P. Schoenberg (State Bar No. 203714)
[e-mail]
FARELLA, BRAUN & MARTEL, LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.954.4480
Attorneys for Defendant
VIRAL TOLAT

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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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INTEGRAL DEVELOPMENT
CORPORATION, a California corporation,

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Plaintiff,
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Case No.: 3:12-cv-06575-JSW (LB)
ADMINISTRATIVE MOTION
REQUESTING CONTINUANCE OF
DATES IN SCHEDULING ORDER

v.
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[Local Rule 7-11]

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VIRAL TOLAT, an individual, and DOES 120,

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Defendant

Judge: Hon. Jeffrey S. White

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Pursuant to this Court’s Civil Standing Order and Civil Local Rule 7-11, Defendant Viral

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Tolat hereby moves this Court for a short continuance of the dates set forth in the scheduling

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Order dated July 23, 2013. Good cause exists for this request in that Mr. Tolat has just retained

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new counsel to represent him in this matter, and his former attorneys are withdrawing as counsel

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of record in this action. Given the complexity of this matter and the very large number of

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pending and anticipated motions and filings in this case, this short requested continuance of 5

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weeks is necessary in order to give Mr. Tolat’s new counsel at Farella Braun + Martel LLP an

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opportunity to get up to speed on the case, and to accurately and professionally address these

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many pending and anticipated matters.
ADMINISTRATIVE MOTION FOR
CONTINUANCE
Case No. 3:12-cv-06575 JSW (LB)

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A short continuance is particularly important here, as many of the filings in the case are

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redacted or sealed and have not previously been available to Mr. Tolat’s new counsel. The

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unredacted and sealed filings encompasse many if not most of the substantive filings to date,

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including three currently pending three motions – a voluminous motion for summary adjudication

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and for a preliminary injunction and a motion seeking terminating sanctions, which are supported

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by substantial evidentiary submissions – that Mr. Tolat’s new counsel has not yet been able to

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access in unredacted or unsealed form. Indeed, Counsel will not be permitted under the

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Protective Order (Docket No. 50) to review material designated as protected until after this Court

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signs the order allowing new counsel to substitute in as “counsel of record.” Under the current

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case schedule, Mr. Tolat’s oppositions to those motions are due one week from today, on August

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9, 2013. Given these circumstances, Mr. Tolat will be significantly prejudiced if the requested

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continuance is not granted and his new counsel are required to respond to these dispositive

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motions under the present timeline.

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Mr. Tolat’s new counsel spoke by telephone earlier today with Plaintiff’s counsel,

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Christopher Sargent, and requested a short continuance of the hearing on the pending motions

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from September 27, 2013 to November 1, 2013. (See Declaration of John L. Cooper in Support

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of Administrative Motion Requesting Continuance of Dates in Scheduling Order (“Cooper

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Decl.”) ¶ 6.) Mr. Sargent responded that he did not have authority to agree to such a request but

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said he would communicate the request to Jack Russo and someone from his office would get

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back to Mr. Tolat’s new counsel. Since that phone conversation Mr. Russo has communicated to

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Mr. Tolat’s current counsel of record, Steven Eckhaus, by email that the requested continuance is

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rejected. (Id. ¶ 7.) Because of the extremely short deadlines under the current case schedule, Mr.

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Tolat is now forced to seek the Court’s assistance by filing the instant Motion.

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This Motion is being filed at the first available opportunity, as new counsel have just been

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retained today. Other than the hearing dates addressed by this Motion, which have been set

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consistent with dates shown as “available” on the Court’s calendar, there are no other dates

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pending in this matter that would be affected by this requested continuance.1

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We understand that Plaintiff intends to withdraw the one other filed motion that is not addressed
ADMINISTRATIVE MOTION FOR
CONTINUANCE
Case No. 3:12-cv-06575 JSW (LB)

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For these reasons, Mr. Tolat hereby requests that the Court modify the existing schedule

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as set forth in this Court’s operative scheduling order (Docket No. 109) by continuing those

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deadlines to the new dates set forth below:

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1.

Defendant Tolat shall file his Answer and Counterclaims to Integral's First

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Amended Complaint, and/or move with respect to some or all of the allegations in

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the Amended Complaint on August 23, 2013;

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a.

If Defendant files a Rule 12 Motion, Plaintiff s Opposition shall be filed by

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September 6, 2013; Defendant's Reply shall be filed by September 13,

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2013;

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2.

Plaintiff Integral shall Answer Defendant Tolat's Counterclaims and/or file any

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Opposition and/or responsive motions to such Counterclaims on September 2,

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2013;

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a.

If Plaintiff files a Rule 12 motion, Defendant's Opposition shall be filed by

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September 13, 2013; Plaintiff s Reply shall be filed by September 20,

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2013;

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3.

Any motions filed by Plaintiff Integral pertaining to Defendant Tolat's

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Counterclaims, and any motions filed by Defendant Tolat concerning Plaintiff

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Integral's Amended Complaint shall be heard on September 27, 2013, at 9:00

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a.m.

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4.

Plaintiff's Motion for Sanctions Re: Spoliation and for Contempt.

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a.

Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Plaintiff may re-file or amend its moving papers by: September 27, 2013

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c.

Defendant will file any opposition by: October 11, 2013

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d.

Plaintiff will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 15 pages.

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5.

Plaintiff's Motions for Summary Adjudication and for Preliminary Injunction.
a.

Hearing Date: November 1, 2013 at 9:00 a.m.

by this schedule (Docket No. 112). Cooper Decl. ¶ 7.
ADMINISTRATIVE MOTION FOR
CONTINUANCE
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b.

Plaintiff may re-file or amend its moving papers by: September 27, 2013

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c.

Defendant will file any opposition by: October 11, 2013

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d.

Plaintiff will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 25 pages.

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6.

Defendant's Motions (i) to hold Integral in contempt for e.g. altering evidence and

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(ii) for sanctions against Integral for e.g. intentionally misleading the Court.

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a.

Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Defendant will file its moving papers by: September 27, 2013

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c.

Plaintiff will file any opposition by: October 11, 2013

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d.

Defendant will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 15 pages.

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7.

Defendant's Motions for Summary Judgment.

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a.

Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Defendant will file its moving papers by: September 27, 2013

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c.

Plaintiff will file any opposition by: October 11, 2013

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d.

Defendant will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 25 pages.

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Respectfully submitted:

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Dated: August 2, 2013

FARELLA BRAUN + MARTEL LLP

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By:

/s/ John L. Cooper
John L. Cooper

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Attorneys for Defendant
Viral Tolat

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ADMINISTRATIVE MOTION FOR
CONTINUANCE
Case No. 3:12-cv-06575 JSW (LB)

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[PROPOSED] ORDER
IT IS HEREBY ORDERED THAT good cause exists to support the granting of Defendant

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Tolat’s administrative motion for a continuance of the deadlines set forth in the Court’s prior

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scheduling order (Docket No. 109). Accordingly, Tolat’s motion is GRANTED. The Court

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hereby enters the following revised scheduling Order:

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1.

Defendant Tolat shall file his Answer and Counterclaims to Integral's First

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Amended Complaint, and/or move with respect to some or all of the Amended

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Complaint on August 23, 2013;

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a.

If Defendant files a Rule 12 Motion, Plaintiff s Opposition shall be filed by

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September 6, 2013; Defendant's Reply shall be filed by September 13,

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2013;

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2.

Plaintiff Integral shall Answer Defendant Tolat's Counterclaims and/or file any

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Opposition and/or responsive motions to such Counterclaims on September 2,

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2013;

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a.

If Plaintiff files a Rule 12 motion, Defendant's Opposition shall be filed by

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September 13, 2013; Plaintiff s Reply shall be filed by September 20,

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2013;

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3.

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Any motions filed by Plaintiff Integral pertaining to Defendant Tolat's

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Counterclaims, and any motions filed by Defendant Tolat concerning Plaintiff
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Integral's Amended Complaint shall be heard on September 27, 2013, at 9:00

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a.m.

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4.

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Plaintiff's Motion for Sanctions Re: Spoliation and for Contempt.
November 8
a.
Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Plaintiff may re-file or amend its moving papers by: September 27, 2013

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c.

Defendant will file any opposition by: October 11, 2013

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d.

Plaintiff will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 15 pages

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///
ADMINISTRATIVE MOTION FOR
CONTINUANCE
Case No. 3:12-cv-06575 JSW (LB)

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Plaintiff's Motions for Summary Adjudication and for Preliminary Injunction.
November 8
a.
Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Plaintiff may re-file or amend its moving papers by: September 27, 2013

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c.

Defendant will file any opposition by: October 11, 2013

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d.

Plaintiff will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 25 pages.

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5.

6.

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Defendant's Motions (i) to hold Integral in contempt for e.g. altering evidence and
(ii) for sanctions against Integral for e.g. intentionally misleading the Court.
November 8
a.
Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Defendant will file its moving papers by: September 27, 2013

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c.

Plaintiff will file any opposition by: October 11, 2013

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d.

Defendant will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 15 pages.

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7.

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Defendant's Motions for Summary Judgment.
November 8
a.
Hearing Date: November 1, 2013 at 9:00 a.m.

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b.

Defendant will file its moving papers by: September 27, 2013

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c.

Plaintiff will file any opposition by: October 11, 2013

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d.

Defendant will file any reply by: October 18, 2013.

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e.

Each brief will be no longer than 25 pages.

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IT IS SO ORDERED.
Dated: August 8, 2013

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HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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ADMINISTRATIVE MOTION FOR
CONTINUANCE
Case No. 3:12-cv-06575 JSW (LB)

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29322\3796914.1