Paravue Corporation v. Heller Ehrman LLP

Filing 39

ORDER, granting 38 STIPULATION re 35 Order on Motion for Miscellaneous Relief Stipulated Request for Order Changing Deadlines to File Answering Brief and Reply Brief filed by Heller Ehrman LLP. Appellant Reply Brief due by 6/16/2015. Appellee Brief due by 6/2/2015. Signed by Judge Charles R. Breyer on 4/17/2015. (beS, COURT STAFF) (Filed on 4/20/2015)

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MARJORIE E. MANNING, SBN 118643
T. D. BOLLING, JR., SBN 33236
BOLLING & GAWTHROP
A Professional Corporation

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8880 Cal Center Drive, Suite 190
Sacramento, California 95826
Telephone: [phone]
Facsimile: [phone]

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E-mail: [e-mail]
E-mail: [e-mail]
THOMAS A. WILLOUGHBY, State Bar No. 137597
FELDERSTEIN FITZGERALD
WILLOUGHBY & PASCUZZI LLP
400 Capitol Mall, Suite 1750
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Appellee Heller Ehrman LLP

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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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CASE NO. 3:14-CV-03887-CRB
Paravue Corporation,
Honorable Charles R. Breyer
Appellant,

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vs.

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In re Heller Ehrman LLP,

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Appellee.

STIPULATED REQUEST FOR ORDER
CHANGING DEADLINES TO FILE
ANSWERING BRIEF AND REPLY BRIEF
ORDER

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Pursuant to Local Rule 7-12, Appellant Paravue Corporation and Appellee Post-

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confirmation Liquidating Debtor Heller Ehrman LLP, by and through their respective counsel,

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STIPULATED REQUEST AND ORDER CHANGING DEADLINES
TO FILE ANSWERING AND REPLY BRIEFS
(Paravue Corporation v. Heller Ehrman LLP, No. 3:14-CV-3887 CRB)

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stipulate and agree to an extension of the briefing deadlines applicable to Appellee’s answering

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brief and Appellant’s reply brief, in the respects stated herein.

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In support of this stipulation, Marjorie E. Manning, the undersigned counsel for Appellee,
states and declares as follows:
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I am an attorney licensed to practice law in the State of California and in this

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Court, and am counsel of record in this proceeding for Appellee Heller Ehrman. This declaration

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is made pursuant to Local Rule 6-2 in support of the parties’ stipulation to extend the briefing

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schedule in this matter pertaining to Appellee’s answering brief and Appellant’s reply brief.

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2.

Paravue filed its opening brief in this matter on March 16, 2015. By previous

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order of the Court, Heller Ehrman’s answering brief is due by May 4, 2015 and Paravue’s reply

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brief is due by May 18, 2015.

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3.

Within a few days after Paravue filed its opening brief, I was diagnosed with

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bacterial bronchopneumonia, prescribed various medications including antibiotics, and have been

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under a physician’s care since then. My symptoms have finally improved and I am feeling better.

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However, this illness significantly curtailed my ability to work in the interim. Accordingly, on

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April 13, 2015 I contacted Paravue’s counsel James Weixel to request his agreement to a 31-day

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extension of the briefing deadline governing Appellee’s answering brief. Mr. Weixel graciously

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agreed to my request.

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4.

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

following revised briefing schedule as appropriate and reasonable:

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Appellee’s answering brief due:

June 2, 2015

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Appellant’s reply brief due:

June 16, 2015

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5.

There have been four previous stipulations for an extended briefing schedule, all

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requested by Appellant Paravue. After the fourth stipulated extension, this Court on its own

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motion extended the then-existing briefing schedule by three weeks (Doc. 35), resulting in the

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deadlines referenced in paragraph 3 above.

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6.

The requested extension would cause the briefing schedule governing the

answering and reply briefs to be extended by 31 days.
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STIPULATED REQUEST AND ORDER CHANGING DEADLINES
TO FILE ANSWERING AND REPLY BRIEFS
(Paravue Corporation v Heller Ehrman LLP, No. 3:14-CV-3887 CRB)

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I hereby declare under penalty of perjury pursuant to the laws of the United States and the

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State of California that the foregoing is true and correct, that I have personal knowledge of the

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facts set forth herein, and if called as a witness in this matter I could and would testify

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competently thereto. Executed this 15th day of April 2015 at Sacramento, California.
__/s/ Marjorie E. Manning_____
Marjorie E. Manning

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STIPULATION

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Appellant Paravue Corporation and Appellee Post-Confirmation Liquidating Debtor

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Heller Ehrman LLP, by and through their respective undersigned counsel, stipulate and agree, and

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thereupon request that this Court enter an order accordingly, extending the briefing schedule in

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the appeal before this Court as follows:

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Appellee’s answering brief due:

June 2, 2015

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Appellant’s reply brief due:

June 16, 2015

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This stipulation is made upon the declaration of Marjorie E. Manning, counsel for Heller
Ehrman in this proceeding, as stated supra.
The parties stipulate and agree to this briefing schedule and request that the Court enter an

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order accordingly, pursuant to Local Rules 6-2 and 7-12.

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DATED: April 16, 2015

BOLLING & GAWTHROP

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By: __/s/ Marjorie E. Manning_____
Marjorie E. Manning
Attorneys for Appellee Heller Ehrman LLP

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DATED: April 16, 2015

WEIXEL LAW OFFICE
By: __/s/ James V. Weixel_____
James V. Weixel
Attorneys for Appellant Paravue Corporation

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STIPULATED REQUEST AND ORDER CHANGING DEADLINES
TO FILE ANSWERING AND REPLY BRIEFS
(Paravue Corporation v Heller Ehrman LLP, No. 3:14-CV-3887 CRB)

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ATTESTATION RE ELECTRONIC SIGNATURE(S)

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I, Marjorie E. Manning, counsel for Appellee Heller Ehrman, hereby attest pursuant to

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

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above indicate(s) that concurrence in the filing of this document has been obtained from each of

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said counsel and/or parties, and that such electronic signature(s) serve(s) in lieu of said

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signature(s) on the document.

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DATED: April 16, 2015

BOLLING & GAWTHROP

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By: __/s/ Marjorie E. Manning_____
Marjorie E. Manning
Attorneys for Appellee Heller Ehrman LLP

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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________________________ __
CHARLES R. BREYER
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Signed: April 17, 2015

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ORDER

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OF

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STIPULATED REQUEST AND ORDER CHANGING DEADLINES
TO FILE ANSWERING AND REPLY BRIEFS
(Paravue Corporation v Heller Ehrman LLP, No. 3:14-CV-3887 CRB)