Lodgepole Investments, LLC v. Barsky et al

Filing 16

ORDER GRANTING STIPULATION AS MODIFIED 12 . Initial Case Management Conference set for 9/25/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Defendants shall file their consent or declination no later than 9/18/2013 Signed by Judge Nathanael Cousins on 8/23/13. (lmh, COURT STAFF) (Filed on 8/23/2013)

CALDWELL LESLIE & PROCTOR, PC
1 MICHAEL J. PROCTOR, State Bar No. 148235
[e-mail]
2 ROBYN C. CROWTHER, State Bar No. 193840
[e-mail]
3 JEFFREY M. HAMMER, State Bar No. 264232
[e-mail]
4 ARMILLA STALEY-NGOMO, State Bar No. 259686
[e-mail]
5 725 South Figueroa Street, 31st Floor
Los Angeles, California 90017-5524
6 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff LODGEPOLE
8 INVESTMENTS, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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LODGEPOLE INVESTMENTS, LLC, a
13 Nevada limited liability company,
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Plaintiff,
v.

16 EDWARD GENNADY BARSKY, an
individual; ST. TROPEZ CAPITAL, LLC,
17 a California limited liability company; and
MONACO DEVELOPMENT, LLC, a
18 California limited liability company,
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Case No. CV 13-00446 NC
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE
AS MODIFIED.
The Hon. Nathanael M. Cousins
Current CMC Date: August 14, 2013, at 3:00 p.m.
Proposed CMC Date: September 25, 2013, at
10:00 a.m.

Defendants.

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CALDWELL
LESLIE &
PROCTOR

4834-0436-5333.1

CV 13-00446 NC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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Plaintiff Lodgepole Investments, LLC (“Lodgepole Investments”) and Defendant Monaco

2 Development, LLC (“Monaco”), by and through their undersigned counsel, hereby stipulate as
3 follows:
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WHEREAS Lodgepole Investments filed this lawsuit on January 31, 2013;

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WHEREAS, on January 31, 2013, the Court issued an Order Setting Initial Case

6 Management Conference and ADR Deadlines, and scheduled the Initial Case Management
7 Conference for May 1, 2013, at 10:00 a.m.;
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WHEREAS, on February 6, 2013, Defendants Edward Gennady Barsky and St. Tropez

9 Capital, LLC filed a Notice of Automatic Stay of this lawsuit, pursuant to 11 U.S.C. § 362(a) and
10 based on their filing of voluntary Chapter 11 bankruptcy petitions in the United States Bankruptcy
11 Court, Central District of California;
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WHEREAS the automatic stay has no application to the claims brought against Monaco,

13 which has not filed a bankruptcy petition;
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WHEREAS, on April 26, 2013, pursuant to the parties’ stipulation, the Court entered an

15 Order continuing the Initial Case Management Conference to June 5, 2013, at 10:00 a.m., and
16 continued all other deadlines set forth in the Court’s Order Setting Initial Case Management
17 Conference (Dkt. No. 7);
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WHEREAS, on May 30, 2013, pursuant to the parties’ stipulation and in light of the

19 significant progress made in settlement negotiations by Lodgepole Investments and Defendants,
20 the Court entered an Order continuing the Initial Case Management Conference to July 10, 2013,
21 at 10:00 a.m., and continued all other deadlines set forth in the Court’s Order Setting Initial Case
22 Management Conference (Dkt. No. 9);
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WHEREAS, on July 8, 2013, pursuant to the parties’ stipulation and in light of the

24 significant progress made in settlement negotiations by Lodgepole Investments and Defendants,
25 the Court entered an Order continuing the Initial Case Management Conference to August 14,
26 2013, at 3:00 p.m., and continued all other deadlines set forth in the Court’s Order Setting Initial
27 Case Management Conference (Dkt. No. 11);
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CALDWELL
LESLIE &
PROCTOR

4834-0436-5333.1

-1CV 13-00446 NC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

1

WHEREAS, Lodgepole Investments and Defendants have reached a settlement in principle

2 that will fully resolve this action, and are working to finalize the written terms of such settlement;
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NOW THEREFORE, Lodgepole Investments and Monaco hereby stipulate and agree that,

4 subject to the Court’s approval, the Initial Case Management Conference shall be continued to
5 September 25, 2013, at 10:00 a.m., and that all other deadlines set forth in the Court’s Order
6 Setting. Initial Case Management Conference and ADR Deadlines are continued accordingly.
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DATED: August 7, 2013

Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

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By

/S/
ROBYN C. CROWTHER
Attorneys for LODGEPOLE INVESTMENTS, LLC

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DATED: August 7, 2013

Respectfully submitted,

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By

/S/
MAKSYM CHERNIAVSKYI, managing
member of MONACO DEVELOPMENT, LLC
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Joint case management statement due September 18, 2013. Defendant shall file their consent form
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or request reassignment NO LATER than September 18, 2013.
21 PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED:

S DISTRICT
TE
C
TA
The Honorable Nathanael M. Cousins
United States District Court Magistrate Judge
DERED
SO OR
IT IS
DIFIED
AS MO

UNIT
ED

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U
O

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August 23, 2013

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NO

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RT

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thanael
Judge Na

ER

CALDWELL
LESLIE &
PROCTOR

4834-0436-5333.1

s

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M. Cousin

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-2CV 13-00446 NC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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ATTESTATION PURSUANT TO LOCAL RULE 5-1
Pursuant to Local Rule 5-1 of the Northern District of California, I attest that concurrence

3 in the filing of this document has been obtained from each of the other signatory to this document.
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DATED: August 7, 2013

Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

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By

/S/
ROBYN C. CROWTHER
Attorneys for LODGEPOLE INVESTMENTS, LLC

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CALDWELL
LESLIE &
PROCTOR

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-3CV 13-00446 NC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE