Siegal et al v. Gamble et al
Filing
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FIFTH STIPULATION AND ORDER RE 25 STAYING PROCEEDINGS. Case Management Conference set for 7/31/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/11/14. (cl, COURT STAFF) (Filed on 3/11/2014)
1 KEVIN K. ENG (SBN 209036)
keng@mzclaw.com
2 MARKUN ZUSMAN FRENIERE & COMPTON LLP
465 California Street, 5th Floor
3 San Francisco, California 94104
Telephone: (415) 438-4515
4 Facsimile: (415) 434-4505
5 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
11 STEVEN SIEGAL, JAMES RYBICKI, DAVID
GROBLEBE, individually and as General Partner
12 of GROBCO II, and CHRISTIAN WIPF, ON
BEHALF OF THEMSELVES AND ALL
13 INDIVIDUALS SIMILARLY SITUATED,
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)
)
)
)
)
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Plaintiffs,)
)
)
vs.
)
)
G. THOMAS GAMBLE, LOREN J. MILLER,
HENRY LOWENSTEIN, PAUL W. BATEMAN, )
)
EDWARD M. GABRIEL, JAMES S. MAYER,
)
BEHROOZ SARAFRAZ, LYNN BLYSTONE,
)
ALFRED LOPEZ, MASTON CUNNINGHAM,
)
JOHN DURBIN, GREG BILLINGER, K&L
GATES LLP, CHARLES A. DALE III, JOSHUA )
)
LANE, AND DOES 1 THROUGH 100,
)
INCLUSIVE,
)
Defendants.)
Case No. 13 Civ. 3570-JSC
FIFTH STIPULATION AND
[PROPOSED] ORDER STAYING
PROCEEDINGS
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
WHEREAS, on June 27, 2013, plaintiffs filed a Complaint (the “Complaint”) in the
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2 Superior Court of the State of California, County of San Francisco against the named defendants;
WHEREAS, on August 1, 2013, the action was timely removed from the Superior
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4 Court of the State of California, County of San Francisco, to the United States District Court for
5 the Northern District of California;
WHEREAS, all parties have agreed that it is in the best interests of all parties to
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7 explore the possibility of consensual resolution and to stay this litigation during that process;
WHEREAS, a mediation involving the parties and counsel in this action and in the
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9 jointly administered proceedings in the United States Bankruptcy Court for the District of
10 Delaware (Case No. 12-12291 (MFW)) was held on November 12, 2013 (the “November
11 Mediation”);
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WHEREAS, the November Mediation was productive, but the parties agreed that
13 further mediation sessions would be beneficial, and accordingly subsequent mediation sessions
14 were held on January 8, 2014, and on February 7, 2014;
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WHEREAS, a number of the parties have reached agreements in principle, and are
16 in the process of finalizing all the terms of their agreements;
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WHEREAS, in furtherance of efforts to reach a consensual resolution, the parties
18 previously entered into stipulations to stay proceedings in this action temporarily, while preserving
19 any and all claims, defenses, or other rights they may have, and without prejudice to any party;
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WHEREAS, the Court previously approved the parties’ prior stipulations (See Doc.
21 Nos. 18, 22, 24), with the most current stay scheduled to lapse on February 28, 2014;
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WHEREAS, the parties believe that a further temporary stay of proceedings is
23 likely to conserve judicial economy and the parties’ resources;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and
25 between and among all parties, subject to the approval of the Court, as follows (the “Stipulation”):
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1.
The above-captioned action shall be stayed until April 25, 2014;
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2.
Plaintiffs’ deadline to file a motion to remand is extended until May 26,
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2014;
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
Defendants’ deadline to file a responsive pleading or a motion to dismiss
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3.
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the Complaint is extended until June 16, 2014 or, in the event that a motion to
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remand is filed, until 45 days after the entry of the Court’s order deciding the
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remand motion;
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4.
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is continued until July 31, 2014. All other deadlines listed in the Order Setting
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Initial Case Management Conference and ADR Deadlines are continued
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accordingly. The deadline by which the parties must file written consent to the
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jurisdiction of the magistrate judge or request reassignment to a district judge also
April 3, 2014
The Case Management Conference (“CMC”) currently set for June 5, 2014
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shall be continued until the date on which the parties must file the initial CMC
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statement;
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5.
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any motion or pleading that may be filed, including responsive pleadings, motions
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to dismiss the Complaint, or other motions (including, without limitation, motions
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for transfer or motions for remand), and this Stipulation and the fact of delay due to
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this stay may not be used in any way in support of or against any motion that may
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be filed by any party;
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6.
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otherwise have to move or respond pursuant to the Federal Rules of Civil
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Procedure or any applicable local rules, and shall be without prejudice to any
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party’s right to seek, and the opposing parties’ right to oppose, an additional
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extension of time to file or respond; and
The fact of this Stipulation shall not be used by any party in arguing against
This Stipulation shall not act to shorten the time that any party would
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
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7.
No defenses of any defendant to this action, including without limitation the
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defense of lack of personal jurisdiction, are prejudiced or waived by the submission
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of this Stipulation.
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5 Dated:
2/28/2014
SIMPSON THACHER & BARTLETT LLP
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By
/s/
Simona G. Strauss
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Attorneys for Defendants Paul W. Bateman, Greg
Billinger, Maston Cunningham, John Durbin,
Edward M. Gabriel, Henry Lowenstein, James S.
Mayer, and Loren J. Miller
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13 Dated:
2/28/2014
AKERMAN LLP (F/K/A AKERMAN
SENTERFITT)
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By
/s/
Karen Ciccone
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Attorneys for Defendant Lynn Blystone
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21 Dated:
3/3/2014
COOKE KOBRICK & WU LLP
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By
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/s/
Christopher C. Cooke
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Attorneys for Defendants Behrooz Sarafraz and
Alfred Lopez
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
1 Dated:
2/28/2014
REED SMITH LLP
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By
/s/
James Neudecker
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Attorneys for Defendant G. Thomas Gamble
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7 Dated:
2/28/2014
K&L GATES LLP
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By
/s/
Charles Tea
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Attorneys for Defendants K&L Gates LLP, Charles
A. Dale III, and Joshua Lane
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13 Dated:
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2/28/2014
MARKUN ZUSMAN FRENIERE & COMPTON
LLP
By
/s/
Edward S. Zusman
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Attorneys for Plaintiffs
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
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ORDER
Pursuant to the parties’ stipulation and pursuant to Rule 6-1(a) of the Civil Local Rules, the
3 Court hereby adopts and approves the terms of the parties’ stipulation set forth above. This action
4 is stayed until April 25, 2014. The Case Management Conference is continued to July 31, 2014, at
10:00 am.
1:30 p.m. A joint Case Management Statement and Consent/Declination are due on July 24, 2014.
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6 IT IS SO ORDERED.
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3/11/14
8 Dated: ____________________
__________________________________
The Honorable Jacqueline S. Corley
United States Magistrate Judge
District Judge
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Fifth Stipulation and [Proposed] Order Staying Proceedings
Case No. 13 Civ. 3570-JSC
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