Compliance Services of America, LLC v. Houser Holdings, LLC et al

Filing 43

STIPULATION AND ORDER re 42 STIPULATION WITH PROPOSED ORDER re 37 Scheduling Order; STIPULATION and [PROPOSED] ORDER TO CONTINUE THE FACT DISCOVERY CUT OFF BY 30 DAYS TO PERMIT THE PARTIES TO FINALIZE SETTLEMENT filed by Compliance Services of America, LLC. Signed by Judge Jon S. Tigar on February 26, 2014. (wsn, COURT STAFF) (Filed on 2/26/2014)

1 Antony Buchignani, Esq. (State Bar No. 186528)
[e-mail]
2 THEODORA ORINGHER PC
10880 Wilshire Boulevard, Suite 1700
3 Los Angeles, California 90024-4101
Telephone: [phone]
4 Facsimile: [phone]
5 Attorneys for Plaintiff COMPLIANCE
SERVICES OF AMERICA, LLC
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SERVICES
OF
10 COMPLIANCE
AMERICA, LLC, a Nevada Limited
11 Liability Company,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE FACT
DISCOVERY CUT OFF BY 30 DAYS
TO PERMIT THE PARTIES TO
FINALIZE SETTLEMENT

Plaintiff,

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Case No. 13 CV 01269 JST
Honorable Jon S. Tigar, Ctrm. 9

vs.

14 HOUSER HOLDINGS, LLC, a
California Limited Liability Company,
15 TERESA THURMAN, an individual, and
DOES 1 through 10, inclusive,
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Defendants.
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Date Action Filed: March 21, 2013

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WHEREAS, the parties jointly stipulate that there is good cause for a 30-day

20 extension of the fact discovery cut off so that they can consummate their settlement
21 agreement reached at mediation. This stipulation is based on the following:
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1.

Pursuant to the Court’s October 9, 2013 scheduling order (“Scheduling

23 Order”), the parties engaged in a mediation in San Francisco before mediator Martin
24 Quinn of JAMS on January 13, 2014;
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2.

At the mediation, the parties reached a tentative settlement, which was

26 conditioned on the execution of a written settlement agreement, and input from certain
27 third parties, including accountants and other professionals;
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943352.1/81004.05002

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STIPULATION TO EXTEND FACT DISCOVERY CUTOFF

13 CV 01269 JST

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3.

The parties have received input from their third party consultants,

2 exchanged drafts of a written settlement, and are hopeful that they will be able to
3 execute the settlement agreement within the next week;
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4.

In light of the apparent settlement, the parties have agreed to hold off on

5 further discovery, including depositions of the parties’ principals;
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5.

The Scheduling Order set a March 7, 2014 fact discovery cut off;

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6.

The parties agree that, in order to facilitate and encourage their settlement

8 efforts and to avoid additional unnecessary litigation costs, good cause exists to extend
9 the fact discovery cut off for 30 days up to and including April 7, 2014;
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7.

This extension of time to complete fact discovery is not sought for

11 purposes of delay, and cannot and will not be used directly or indirectly to prejudice
12 any rights of any party; and
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8.

This extension of time will not alter any other event or deadline already

14 fixed by the Court.
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For these reasons, the parties respectfully request that the Court continue the fact

16 discovery cutoff until April 7, 2014.
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IT IS SO STIPULATED.

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19 DATED: February 25, 2014

THEODORA ORINGHER PC

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By: /s/ Antony Buchignani
Antony Buchignani
Attorneys for Plaintiff COMPLIANCE
SERVICES OF AMERICA, LLC

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943352.1/81004.05002

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STIPULATION TO EXTEND FACT DISCOVERY CUTOFF

13 CV 01269 JST

1 DATED: February 25, 2014

GREENFIELD SULLIVAN DRAA & HARRINGTON LLP

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By: /s/ Gregory Rougeau
Gregory Rougeau
Attorneys for TERESA THURMAN and
HOUSER HOLDINGS, LLC

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ORDER

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Upon consideration of the parties’ Stipulation, the Court orders as follows:

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1.

The Stipulation is hereby APPROVED;

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2.

The fact discovery cutoff presently scheduled for March 7, 2014 is hereby

12 extended to April 7, 2014.
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DATED: February 26, 2014.

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_____________________________
HON. JON S. TIGAR
UNITED STATES DISTRICT COURT

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943352.1/81004.05002

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STIPULATION TO EXTEND FACT DISCOVERY CUTOFF

13 CV 01269 JST