Lodgepole Investments, LLC v. Barsky et al

Filing 9

ORDER GRANTING STIPULATION 8 . Initial Case Management Conference continued to 7/10/2013 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 5/30/13. (lmh, COURT STAFF) (Filed on 5/30/2013)

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]
7
Attorneys for Plaintiff LODGEPOLE
8 INVESTMENTS, LLC
9
UNITED STATES DISTRICT COURT

10
11

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

12
LODGEPOLE INVESTMENTS, LLC, a
13 Nevada limited liability company,

Case No. CV 13-00446 NC

14

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

15

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,
19

The Hon. Nathanael M. Cousins
Current CMC Date: June 5, 2013, at 10:00 a.m.
Proposed CMC Date: July 10, 2013, at 10:00 a.m.

Defendants.

20
21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
PROCTOR

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

1

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

2 Development, LLC (“Monaco”), by and through their undersigned counsel, hereby stipulate as
3 follows:
4

WHEREAS Lodgepole Investments filed this lawsuit on January 31, 2013;

5

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.;
8

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;
12

WHEREAS the automatic stay has no application to the claims brought against Monaco,

13 which has not filed a bankruptcy petition;
14

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);
18

WHEREAS, Lodgepole Investments and Defendants have made significant progress in

19 settlement negotiations that would fully resolve this action, but have not yet reached an agreement
20 regarding the final terms of a settlement;
21 ///
22 ///
23 ///
24 ///
25 ///
26 ///
27 ///
28 ///
CALDWELL
LESLIE &
PROCTOR

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

1

NOW THEREFORE, Lodgepole Investments and Monaco hereby stipulate and agree that,

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

file their case management statement and consent or declination no later than July 3, 2013.
DATED: May 30, 2013
Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

7
8
9

By

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

10
11
12
13
14

DATED: May 30, 2013

Respectfully submitted,

15
By

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

16
17
18

19 PURSUANT TO STIPULATION, IT IS SO ORDERED.

S

RT

25

thanael
Judge Na

26
27

s

A

H

ER

M. Cousin

R NIA

NO

24

FO

23

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

LI

22

May 30, 2013

UNIT
ED

DATED:
21

RT
U
O

20

S DISTRICT
TE
C
TA

N

D IS T IC T
R

OF

C

28
CALDWELL
LESLIE &
PROCTOR

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

1
2

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.
4
5
6

DATED: May 30, 2013

Respectfully submitted,
CALDWELL LESLIE & PROCTOR, PC

7
8
9

By

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

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
PROCTOR

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