Lodgepole Investments, LLC v. Barsky et al

Filing 7

ORDER GRANTING STIPULATION 6 . Initial Case Management Conference continued to 6/5/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 4/26/13. (lmh, COURT STAFF) (Filed on 4/26/2013)

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, a
17 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
The Hon. Nathanael M. Cousins
Original CMC Date: May 1, 2013, at 10:00 a.m.
Proposed CMC Date: June 5, 2013, at 10:00 a.m.

Defendants.

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CALDWELL
LESLIE &
PROCTOR

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, Lodgepole Investments and Defendants are engaged in settlement

15 negotiations that would fully resolve this action;
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NOW THEREFORE, Lodgepole Investments and Monaco hereby stipulate and agree that,

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

Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

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By

/S/
JEFFREY M. HAMMER
Attorneys for LODGEPOLE INVESTMENTS, LLC

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CALDWELL
LESLIE &
PROCTOR

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

1 DATED: April 25, 2013

Respectfully submitted,

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By

/S/
MAKSYM CHERNIAVSKYI, managing
member of MONACO DEVELOPMENT, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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S

RT

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thanael M
Judge Na

TED

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. Cousins

R NIA

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GRAN

FO

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UNIT
ED

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The Honorable Nathanael M. Cousins
United States District Court Magistrate Judge

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April 26, 2013

RT
U
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8 DATED:

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CALDWELL
LESLIE &
PROCTOR

-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: April 25, 2013

Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

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By

/S/
JEFFREY M. HAMMER
Attorneys for LODGEPOLE INVESTMENTS, LLC

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CALDWELL
LESLIE &
PROCTOR

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