Siegal et al v. Gamble et al

Filing 34

SIXTH STIPULATION AND ORDER STAYING PROCEEDINGS. Case Management Conference set for 9/25/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 5/7/14. (cl, COURT STAFF) (Filed on 5/7/2014)

1 KEVIN K. ENG (SBN 209036)
[e-mail]
2 MARKUN ZUSMAN FRENIERE & COMPTON LLP
465 California Street, 5th Floor
3 San Francisco, California 94104
Telephone: [phone]
4 Facsimile: [phone]
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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)
)
)
)
)
)
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-RS
SIXTH STIPULATION AND
[PROPOSED] ORDER STAYING
PROCEEDINGS

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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS

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, the settling parties have been working diligently to finalize the

18 settlement, but have not yet reached final terms due to the complexity of the case and number of
19 parties involved in this action and the Delaware proceedings;
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WHEREAS, in furtherance of efforts to reach a consensual resolution, the parties

21 previously entered into stipulations to stay proceedings in this action temporarily, while preserving
22 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.

24 Nos. 18, 22, 24, 32), and the most current stay lapsed on April 25, 2014;
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WHEREAS, the parties believe that a further temporary stay of proceedings is

26 likely to conserve judicial economy and the parties’ resources;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and

28 between and among all parties, subject to the approval of the Court, as follows (the “Stipulation”):
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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS

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1.

The above-captioned action shall be stayed until June 20, 2014;

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2.

Plaintiffs’ deadline to file a motion to remand is extended until July 21,

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2014;

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3.

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the Complaint is extended until August 11, 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 September 25, 2014. All other deadlines listed in the Order

Defendants’ deadline to file a responsive pleading or a motion to dismiss

The Case Management Conference (“CMC”) currently set for July 31, 2014

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Setting Initial Case Management Conference and ADR Deadlines are continued

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accordingly;

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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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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS

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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:

May 5, 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:

May 5, 2014______
AKERMAN LLP

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By

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/s/
Karen Palladino Ciccone

Attorneys for Defendant Lynn Blystone

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Dated:

May 5, 2014______
COOKE KOBRICK & WU LLP

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By

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/s/
Christopher C. Cooke

Attorneys for Defendants Behrooz Sarafraz and
Alfred Lopez

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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS

1 Dated:

May 5, 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:

May 5, 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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May 5, 2014______
MARKUN ZUSMAN FRENIERE & COMPTON
LLP
By

/s/
Edward S. Zusman

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Attorneys for Plaintiffs

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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS

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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 June 20, 2014. The Case Management Conference is continued to September 25,
5 2014, at 10:00 a.m. A joint Case Management Statement is due on September 18, 2014.
6 IT IS SO ORDERED.
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5/7/14
8 Dated: ____________________

__________________________________
The Honorable Richard Seeborg
United States District Judge

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Sixth Stipulation and [Proposed] Order Staying Proceedings

Case No. 13 Civ. 3570-RS