Siegal et al v. Gamble et al

Filing 40

EIGHTH STIPULATION AND ORDER RE 39 STAYING PROCEEDINGS. Case Management Conference set for 5/7/2015 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/3/14. (cl, COURT STAFF) (Filed on 11/3/2014)

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
EIGHTH STIPULATION AND
[PROPOSED] ORDER STAYING
PROCEEDINGS

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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS

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WHEREAS, on June 27, 2013, plaintiffs filed a Complaint (the “Complaint”) in the

2 Superior Court of the State of California, County of San Francisco against the named defendants;
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WHEREAS, on August 1, 2013, the action was timely removed from the Superior

4 Court of the State of California, County of San Francisco, to the United States District Court for
5 the Northern District of California;
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WHEREAS, all parties have agreed that it is in the best interests of all parties to

7 explore the possibility of consensual resolution and to stay this litigation during that process;
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WHEREAS, a mediation involving the parties and counsel in this action and in the

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;
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WHEREAS, the November 12, 2013 mediation was productive, but the parties

12 agreed that further mediation sessions would be beneficial, and accordingly subsequent mediation
13 sessions were held on January 8, 2014, and on February 7, 2014;
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WHEREAS, a number of the parties (the “Settling Parties”) have reached

15 agreements in principle, and are in the process of finalizing all the terms of their agreements,
16 including procedures whereby proceedings to effectuate the settlement would be addressed first,
17 before proceeding with claims against non-settling defendants;
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WHEREAS, the Settling Parties have been working diligently to finalize the

19 settlement, but have not yet reached final terms due to the complexity of the case and number of
20 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

22 previously entered into stipulations to stay proceedings in this action temporarily, while preserving
23 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.

25 Nos. 18, 22, 24, 32, 36), and the most current stay lapsed on September 5, 2014;
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WHEREAS, the Settling Parties believe that a continued stay will enable them to

27 finalize their settlement and prepare papers to effectuate the settlement, including a motion for
28 preliminary approval to be submitted to this Court;
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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS

WHEREAS, the parties believe that a further temporary stay of proceedings is

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

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4 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 January 30, 2015;

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2.

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

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Complaint is extended until March 23, 2015;

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3.

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is continued until May 7, 2015. All other deadlines listed in the Order Setting Initial Case

The Case Management Conference (“CMC”) currently set for December 11, 2014

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Management Conference and ADR Deadlines are continued accordingly;

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4.

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motion or pleading that may be filed, including responsive pleadings, motions to dismiss

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the Complaint, or other motions (including, without limitation, motions for transfer or

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motions for remand), and this Stipulation and the fact of delay due to this stay may not be

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used in any way in support of or against any motion that may be filed by any party;

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5.

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have to move or respond pursuant to the Federal Rules of Civil Procedure or any

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applicable local rules, and shall be without prejudice to any party’s right to seek, and the

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opposing parties’ right to oppose, an additional extension of time to file or respond; and

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6.

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defense of lack of personal jurisdiction, are prejudiced or waived by the submission of this

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Stipulation.

The fact of this Stipulation shall not be used by any party in arguing against any

This Stipulation shall not act to shorten the time that any party would otherwise

No defenses of any defendant to this action, including without limitation the

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Dated:

October 27, 2014_____

SIMPSON THACHER & BARTLETT LLP

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By

/s/
Simona G. Strauss

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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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS

1 Dated: October 27, 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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7 Dated:

October 29, 2014______

By

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/s/
_____________________________
Behrooz Sarafraz

Defendant Pro Se

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October 29, 2014______

COOKE KOBRICK & WU LLP

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By

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/s/
Christopher C. Cooke

Attorneys for Defendant Alfred Lopez

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16 Dated:

October 27, 2014______

REED SMITH LLP

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By

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/s/
James Neudecker

Attorneys for Defendant G. Thomas Gamble

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Dated:

October 27, 2014______

K&L GATES LLP
By

/s/
Charles Tea

Attorneys for Defendants K&L Gates LLP, Charles
A. Dale III, and Joshua Lane

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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS

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Dated:

October 27, 2014

MARKUN ZUSMAN FRENIERE & COMPTON
LLP

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By

/s/
Edward S. Zusman

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Attorneys for Plaintiffs
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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS

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[PROPOSED] 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 January 30, 2015. The Case Management Conference is continued to May 7, 2015,
5 at 10:00 a.m. A joint Case Management Statement is due on April 30, 2015.
6 IT IS SO ORDERED.
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8 Dated: ____________________
11/3/14
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__________________________________
The Honorable Richard Seeborg
United States District Judge

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EIGHTH STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS CASE NO. 13 CIV. 3570-RS