Paravue Corporation v. Heller Ehrman LLP

Filing 18

ORDER granting 17 STIPULATION Changing Time of Briefing Schedule filed by Paravue Corporation. Appellant Brief due by 2/2/2015. Appellee Brief due by 3/23/2015. Appellant Reply Brief due by 4/6/2015. Signed by Judge Charles R. Breyer on 12/12/2014. (beS, COURT STAFF) (Filed on 12/15/2014)

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James V. Weixel (166024)
WEIXEL LAW OFFICE
150 Post Street, Suite 520
San Francisco, California 94108
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorney for Appellant
PARAVUE CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PARAVUE CORPORATION,

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Appellant,

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v.

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HELLER EHRMAN, LLP,

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Appellee.

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No. 3:14-cv-3887 CRB
Hon. Charles R. Breyer
STIPULATED REQUEST FOR ORDER
CHANGING TIME OF BRIEFING
SCHEDULE
ORDER

Pursuant to Local Rule 7-12, Appellant PARAVUE CORPORATION and Appellee HELLER

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EHRMAN, LLP, by and through their respective undersigned counsel, stipulate and agree to an

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extension of the briefing deadline as follows:

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Appellant’s opening brief due:

February 2, 2015

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Appellee’s brief due:

March 23, 2015

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Appellant’s reply brief due:

April 6, 2015

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In support of this stipulation, the undersigned counsel for Appellant, James V. Weixel, states and
declares as follows:
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___________________________________________________________________________________________
STIPULATED REQUEST AND ORDER CHANGING TIME OF BRIEFING SCHEDULE
Paravue Corporation v. Heller Ehrman, LLP – No. 3:14-cv-3887 CRB

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1.

I am an attorney at law licensed to practice before all courts of the State of California, and

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am a member of the bar of this Court. I am counsel of record in this proceeding for Appellant Paravue

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Corporation. I have personal knowledge of the matters stated in this Declaration and, if called to testify

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thereto, could and would do so truthfully and competently.

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2.

I make this Declaration pursuant to Local Rule 6-2 in support of the parties’ stipulation

for an extension of the briefing schedule in this matter.
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By previous agreement of the parties and the order of the Court, Paravue’s opening brief

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to this Court is due by January 2, 2015, Heller Ehrman’s answering brief is due by February 13, 2015,

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and Paravue’s reply brief is due by February 27, 2015.

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4.

On December 1, 2015, only a week ago, I filed my substitution of counsel in this

proceeding for Appellant Paravue Corporation. The Court approved my substitution the following day.
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As the Court is aware, this proceeding is an appeal from the denial of Paravue’s two

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claims against Heller Ehrman, LLP’s bankruptcy estate in the latter’s Chapter 11 case. The case

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materials in this matter are voluminous and involve several years of filings and proceedings in the

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Chapter 11 case, as well as from Heller Ehrman’s previous representation of Paravue in the preceding

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years. I will need some additional time to review these files in order to carry out my representation of

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Paravue in this appeal.

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6.

The upcoming holiday season also weighs in favor of an extension of the briefing

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schedule. I will be out of the Bay Area from December 17 through 26, 2014 for the holidays. I have had

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this travel planned and my nonrefundable airline tickets booked for several months, well before I was

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ever contacted regarding the representation of Paravue.

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7.

In light of my recent substitution and the upcoming holidays, as well as my preplanned

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travel out of the Bay Area for the holiday season, I believe that a short extension of the briefing schedule

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is appropriate. On December 4, 2015, I contacted counsel for Heller Ehrman in this proceeding,

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including Marjorie E. Manning, Esq., by email to request Appellee’s agreement to such an extension.

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The following day, Ms. Manning responded by email and graciously agreed to a revised and extended

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briefing schedule as I had proposed. Ms. Manning asked for an additional week in which to file

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Appellee’s brief, to which I agreed.
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___________________________________________________________________________________________
STIPULATED REQUEST AND ORDER CHANGING TIME OF BRIEFING SCHEDULE
Paravue Corporation v. Heller Ehrman, LLP – No. 3:14-cv-3887 CRB

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8.

As stated in the stipulation below, the parties have stipulated and agreed to the following

briefing schedule as appropriate and reasonable:

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Appellant’s opening brief due:

February 2, 2015

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Appellee’s brief due:

March 23, 2015

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Appellant’s reply brief due:

April 6, 2015

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9.

There has been one stipulation for an extended briefing schedule, which stipulation

resulted in the current briefing schedule reflected in the Court’s order filed November 10, 2014 (Doc. 8).
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The requested extension would cause the briefing schedule in this matter to be extended

by approximately one month with respect to Appellant’s opening brief, and by approximately five weeks
with respect to Appellee’s brief and Appellant’s reply brief.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed this 8th day of December, 2014, at San Francisco, California.

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____________/s/ James V. Weixel___________________
James V. Weixel

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STIPULATION

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Appellant Paravue Corporation and Appellee Heller Ehrman, LLP, by and through their

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respective undersigned counsel, stipulate and agree, and thereupon request that the Court enter an order

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accordingly, to change time to reflect an extension of the briefing deadlines as follows:

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Appellant’s opening brief due:

February 2, 2015

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Appellee’s brief due:

March 23, 2015

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Appellant’s reply brief due:

April 6, 2015

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This stipulation is made upon the declaration of James V. Weixel, Esq., counsel for Paravue
Corporation in this proceeding, as stated supra.
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___________________________________________________________________________________________
STIPULATED REQUEST AND ORDER CHANGING TIME OF BRIEFING SCHEDULE
Paravue Corporation v. Heller Ehrman, LLP – No. 3:14-cv-3887 CRB

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The parties stipulate and agree to this briefing schedule and request that the Court enter an order
accordingly, pursuant to Local Rules 6-2 and 7-12.

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Dated: December 8, 2014.

WEIXEL LAW OFFICE

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By:
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/s/ James V. Weixel___________________
James V. Weixel
Attorney for Appellant
PARAVUE CORPORATION

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Dated: December 8, 2014.

BOLLING & GAWTHROP

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By:
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/s/ Marjorie E. Manning___________________
Marjorie E. Manning (by consent)
Attorney for the Post-Confirmation Liquidating Debtor,
Appellee HELLER EHRMAN, LLP

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ATTESTATION RE ELECTRONIC SIGNATURE(S)
I, James V. Weixel, counsel for Appellant Paravue Corporation, hereby attest pursuant to Local

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Rule 5-1(i)(3) that the electronic signature(s) of other counsel and/or parties appearing above indicate(s)

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that concurrence in the filing of this document has been obtained from each of said counsel and/or

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parties, and that such electronic signature(s) serve(s) in lieu of said signature(s) on the document.

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Dated: December 8, 2014.

WEIXEL LAW OFFICE

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By:

/s/ James V. Weixel___________________
James V. Weixel
Attorney for Appellant
PARAVUE CORPORATION

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___________________________________________________________________________________________
STIPULATED REQUEST AND ORDER CHANGING TIME OF BRIEFING SCHEDULE
Paravue Corporation v. Heller Ehrman, LLP – No. 3:14-cv-3887 CRB

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________________________
CHARLES R. BREYER
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Senior United States District Judge
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December 12, 2014

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STIPULATED REQUEST AND ORDER CHANGING TIME OF BRIEFING SCHEDULE
Paravue Corporation v. Heller Ehrman, LLP – No. 3:14-cv-3887 CRB