Siegal et al v. Gamble et al

Filing 138

STIPULATION AND ORDER re 135 To Modify Scheduling On Dr. Alfred Lopez's Motion To Dismiss. Motion Hearing set for 1/14/2016 at 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 10/19/15. (cl, COURT STAFF) (Filed on 10/19/2015)

1 Edward S. Zusman (SBN 154366)
[e-mail]
2 Kevin K. Eng (SBN 209036)
[e-mail]
3 MARKUN ZUSMAN FRENIERE & COMPTON LLP
465 California Street, 5th Floor
4 San Francisco, California 94104
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 STEVEN SIEGAL, JAMES RYBICKI, DAVID
GROBLEBE, individually and as General Partner
13 of GROBCO II, and CHRISTIAN WIPF, ON
BEHALF OF THEMSELVES AND ALL
14 INDIVIDUALS SIMILARLY SITUATED,

Case No. 13 Civ. 3570-RS

STIPULATION TO MODIFY
SCHEDULING ON DR. ALFRED
LOPEZ’S MOTION TO DISMISS;
Plaintiffs, [PROPOSED] ORDER

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vs.

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17 G. THOMAS GAMBLE, LOREN J. MILLER,
HENRY LOWENSTEIN, PAUL W. BATEMAN,
18 EDWARD M. GABRIEL, JAMES S. MAYER,
BEHROOZ SARAFRAZ, LYNN BLYSTONE,
19 ALFRED LOPEZ, MASTON CUNNINGHAM,
JOHN DURBIN, GREG BILLINGER, K&L
20 GATES LLP, CHARLES A. DALE III, JOSHUA
LANE, AND DOES 1 THROUGH 100,
21 INCLUSIVE,
Defendants.

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WHEREAS, on October 5, 2015, Defendant Alfred Lopez filed a Motion To Dismiss the

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25 Second Amended Complaint (Dkt. 126);
WHEREAS, the hearing for Defendant’s Motion was set for November 19, 2015, at 1:30

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27 p.m.;
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CASE NO. 13 CIV. 3570-RS
STIPULATION TO MODIFY SCHEDULING ON LOPEZ MOTION TO DISMISS, [PROPOSED] ORDER

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WHEREAS, Plaintiffs’ counsel has a conflict with the November 19, 2015 hearing date;

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WHEREAS, Plaintiffs’ counsel has a number of preexisting deadlines during the week of

3 October 19, 2015;
WHEREAS, Plaintiffs’ opposition to Defendant’s Motion is currently due October 19,

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5 2015;

WHEREAS, Plaintiffs request a two-week extension to prepare and file oppositions to the

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7 Defendant’s Motion;
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WHEREAS, Defendant has granted Plaintiffs’ request for an extension; and

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WHEREAS, Defendant believes it is appropriate for his Motion to be decided before a

10 renewed motion for preliminary approval of settlement;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between

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12 Plaintiffs and Defendant Lopez, subject to the approval of the Court, that:
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(1)

The hearing on Defendant’s Motion shall be continued to January 14, 2016;

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(2)

Opposition papers to the Motion shall be filed on or before November 4, 2015;

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(3)

Reply papers in support of the Motion shall be filed on or before November 18,

(4)

Plaintiffs’ renewed Motion For Preliminary Approval of Settlement (“Preliminary

16 2015;
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18 Approval Motion”), shall be set for hearing no earlier than February 18, 2016, or after the
19 Defendant’s Motion has been decided, whichever date is later.
20 Dated:

October 16, 2015

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MARKUN ZUSMAN FRENIERE & COMPTON
LLP
By

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/s/ Kevin K. Eng
Edward S. Zusman
Kevin K. Eng

Attorneys for Plaintiffs

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25 Dated: October 16, 2015

MURPHY COOKE KOBRICK LLP

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By

/s/ Christopher Cooke
Christopher Cooke

Attorneys for Defendant Dr. Alfred Lopez
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CASE NO. 13 CIV. 3570-RS
STIPULATION TO MODIFY SCHEDULING ON LOPEZ MOTION TO DISMISS, [PROPOSED] ORDER

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[PROPOSED] ORDER
Pursuant to the parties’ stipulation and pursuant to Rule 7-11 of the Civil Local Rules, the

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3 Court hereby adopts and approves the terms of the parties’ stipulation set forth above, and orders
4 that:
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(1)

The hearing on Defendant’s Motion (Dkt. No. 126) shall be continued to January

6 14, 2016, 1:30 p.m.;
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(2)

Opposition papers to the Motion shall be filed on or before November 4, 2015;

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(3)

Reply papers in support of the Motion shall be filed on or before November 18,

(4)

Plaintiffs’ renewed Motion For Preliminary Approval of Settlement (“Preliminary

9 2015;
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11 Approval Motion”), shall be set for hearing no earlier than February 18, 2016, or after the Motion
12 has been decided, whichever date is later.
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IT IS SO ORDERED.

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10/19/15
15 Dated: ____________________

__________________________________
The Honorable Richard Seeborg
United States District Judge

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CASE NO. 13 CIV. 3570-RS
STIPULATION TO MODIFY SCHEDULING ON LOPEZ MOTION TO DISMISS, [PROPOSED] ORDER