Great Dynasty International Financial Holdings Limited v. Li et al

Filing 59

STIPULATION AND ORDER re 58 STIPULATION WITH PROPOSED ORDER NOTIFYING COURT OF SETTLEMENT AND REQUESTING THAT AUGUST 28, 2014 HEARING AND BRIEFING SCHEDULE BE TERMINATED filed by Zhiyan Li. Signed by Judge Edward M. Chen on 8/4/14. (bpf, COURT STAFF) (Filed on 8/4/2014)

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Kent J. Schmidt (SBN 195969)
Bryan M. McGarry (SBC 258156)
DORSEY & WHITNEY LLP
600 Anton Boulevard, Suite 2000
Costa Mesa, CA 92626-7655
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Haiting Li,
Zhiyan Li, and Nominal Defendant
Pacific Bepure Industry, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREAT DYNASTY INTERNATIONAL
FINANCIAL HOLDINGS LIMITED,

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Plaintiffs,
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CASE NO: 3:13-CV-01734-EMC
District Judge
Edward M. Chen
Ctrm 5 – 17th Floor

vs.
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HAITING LI AND ZHYAN LI,
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Defendants,
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and

JOINT STIPULATION NOTIFYING COURT
OF SETTLEMENT AND REQUESTING
THAT AUGUST 28, 2014 HEARING AND
BRIEFING SCHEDULE BE TERMINATED;
[PROPOSED] ORDER

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PACIFIC BEPURE INDUSTRY, INC.
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Nominal Defendant.

Action Filed: April 17, 2013
Trial Date:
None Set

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JOINT STIPULATION RE SETTLEMENT AND REQUEST THAT AUGUST 28, 2014 HEARING AND BRIEFING BE
TERMINATED

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TO THE HONORABLE COURT, AND TO ALL PARTIES HEREIN AND TO THEIR
ATTORNEYS OF RECORD:

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Locke Lord LLP, John Kloecker and Sally Mimms (collectively, “Locke Lord”) all on the one

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hand, and Defendants Haiting Li and Zhiyan Li, and nominal defendant Pacific Bepure Industry, Inc.

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on the other hand (collectively, “Defendants”), through their respective counsel, stipulate, agree, and

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jointly move the Court as follows:

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WHEREAS, on July 10, 2014, the Court issued an Order Denying Defendants’ Motion for Rule
11 Inquiry and Granting Sanctions Under the Court’s Inherent Authority ( “Order”);
WHEREAS, the Order directed (1) that by July 31, 2014, Defendants submit a full accounting

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of their costs and expenses to date and brief how the attorneys’ fees should be allocated to its litigation

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of the frivolous claims; (2) that by August 14, 2014, GDI’s counsel respond; and (3) that a hearing on

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the issue would occur on August 28, 2014, at 1:30 p.m.;

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WHEREAS, Locke Lord and Defendants have entered into a settlement whereby Locke Lord
has agreed to pay, and has paid, Defendants an agreed to sum as attorneys’ fees;
NOW THEREFORE, based on the foregoing, Defendants and Locke Lord jointly request the

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Court terminate the hearing that is currently scheduled for August 28, 2014, as well as the briefing

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schedule in support thereof.

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DATED: July 31, 2014

DORSEY & WHITNEY LLP

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By /s/ Bryan M. McGarry_____________
Kent J. Schmidt
Bryan M. McGarry
Attorneys for Defendants Haiting Li,
Zhiyan Li, and Nominal Defendant
Pacific Bepure Industry, Inc.

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DATED: July 31, 2014

LOCKE LORD LLP

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By /s/ Thomas Cunningham____________
Thomas Cunningham
Attorneys for Locke Lord LLP, John Kloecker and
Sally Mimms
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JOINT STIPULATION RE SETTLEMENT AND REQUEST THAT AUGUST 28, 2014 HEARING AND BRIEFING BE
TERMINATED

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Pursuant to Northern District Local Rule 5-1(i), the filer hereby attests that all other signatories
to this “JOINT STIPULATION NOTIFYING COURT OF SETTLEMENT AND REQUESTING
THAT AUGUST 28, 2014 HEARING AND BRIEFING SCHEDULE BE TERMINATED” concur in
the filing’s content and have authorized the filing.

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Dated: July 31, 2014

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DORSEY & WHITNEY LLP

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By:/s/ Bryan M. McGarry
Bryan M. McGarry

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JOINT STIPULATION RE SETTLEMENT AND REQUEST THAT AUGUST 28, 2014 HEARING AND BRIEFING BE
TERMINATED

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hen

ER

FO

rd M. C

dwa
Judge E

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RT

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HON. EDWARD M. CHEN

NO

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DERED
SO OR
By: ______________________________
IT IS

LI

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8/4/14
Dated: __________________

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RT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

S DISTRICT
TE
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UNIT
ED

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[PROPOSED] ORDER

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D IS T IC T O
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JOINT STIPULATION RE SETTLEMENT AND REQUEST THAT AUGUST 28, 2014 HEARING AND BRIEFING BE
TERMINATED

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CERTIFICATE OF SERVICE

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All Case Participants are registered for the USDC CM/ECF System

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Great Dynasty International Financial Holdings Limited v. Haiting Li, et al
Northern District of California Case Number 3:13-CV-01734-EMC

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JOINT STIPULATION NOTIFYING COURT OF SETTLEMENT AND REQUESTING THAT
AUGUST 28, 2014 HEARING AND BRIEFING SCHEDULE BE TERMINATED
I hereby certify that on July 31, 2014, I electronically filed the foregoing with the Clerk of the
Court for the United States District Court for the Northern District by using the CM/ECF system.
Participants in the case who are registered CM/ECF users will be served by the CM/ECF

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system.

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Dated: July 31, 2014

DORSEY & WHITNEY LLP

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By:

/s/ Bryan M. McGarry
Bryan M. McGarry

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CERTIFICATE OF SERVICE
CASE NO. 3:13-CV-01734-EMC