Moon Mountain Farms, LLC v. Rural Community Insurance Company

Filing 20

STIPULATION AND ORDER Enlarging Time for Briefing and Hearing as to 13 MOTION to Disqualify Counsel. Responses due by 6/6/2014. Replies due by 6/20/2014. Motion Hearing set for 7/11/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 05/21/2014. (tmi, COURT STAFF) (Filed on 5/22/2014)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
2
Including Professional Corporations
RAYMOND C. MARSHALL, Cal. Bar No. 83717
3 [e-mail]
SANDRA ZUNIGA NIERENBERG, Cal. Bar No. 250881
4 [e-mail]
DANIELLE T. KENNEDY, Cal. Bar No. 256700
5 [e-mail]
Four Embarcadero Center, 17th Floor
6 San Francisco, California 94111-4109
Telephone:
415.434.9100
7 Facsimile:
415.434.3947
8 Attorneys for Non-Party
WELLS FARGO & COMPANY
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10

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

12 MOON MOUNTAIN FARMS, LLC,

Case No. 3:14-MC-80099-SC

13

Action pending in the United States District
Court for the District of Arizona
(2:13-CV-00349-SRB)

14

Plaintiff,
v.

15 RURAL COMMUNITY INSURANCE
COMPANY,
16
Defendant.
17
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STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME
FOR BRIEFING AND HEARING ON
NON-PARTY WELLS FARGO &
COMPANY’S MOTION TO DISQUALIFY
PLAINTIFF’S ATTORNEYS;
SUPPORTING DECLARATION OF
DANIELLE T. KENNEDY

19
[Northern Dist. Local Rule 6-2, 7-12]
20
Judge:
Date:
Time:
Place:

21
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Hon. Samuel Conti
June 20, 2014
10:00 a.m.
Courtroom 1, 17th Floor

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STIPULATION TO EXTEND TIME TO RESPOND TO MOTION
Pursuant to Northern District of California Civil Local Rules 6-1(b), 6-2 and 7-12, Plaintiff

26 Moon Mountain Farms, LLC (“Plaintiff”) and Non-Party Wells Fargo & Company (“Wells
27 Fargo”) (collectively the “Parties”), by and through their respective counsel, hereby stipulate to
28 extend the briefing and hearing schedule on Non-Party Wells Fargo & Company’s Motion To
SMRH:423882410.2

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Case No. 3:14-MC-80099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Danielle T. Kennedy

1 Disqualify Polsinelli PC As Attorneys For Plaintiff Moon Mountain Farms, LLC (the “Motion”)
2 as follows:
3

WHEREAS, the Parties who sign this Stipulation constitute all of the parties to this

4 proceeding;
5

WHEREAS, on May 16, 2014, Wells Fargo filed its Notice Of Motion And Motion

6 To Disqualify Polsinelli PC As Attorneys For Plaintiff Moon Mountain Farms, LLC;
7

WHEREAS, currently Wells Fargo’s Response is due by May 30, 2014, Plaintiffs

8 Reply is due by June 6, 2014, and the Motion is set to be heard on June 20, 2014, at 10:00 AM;
9

WHEREAS, the Parties met and conferred on May 19, 2014, to discuss the briefing

10 and hearing schedule for the Motion relative to Wells Fargo’s counsel’s availability and the
11 briefing and hearing schedule set by the Court as to Plaintiff’s Motion to Compel and Motion to
12 Transfer, currently set for hearing on July 11, 2014;
13

WHEREAS, the Parties agree to delay the briefing and hearing schedule due to

14 Wells Fargo’s counsel’s limited availability during the month of June and Plaintiff’s request to
15 have all pending motions, including Plaintiff’s Motion to Compel and Motion to Transfer, heard
16 on the same date;
17

WHEREAS, the Parties agree that this extension of time will not jeopardize the

18 disposition of the Parties’ pending motions or the dates for the close of discovery, trial date and
19 related deadlines of the underlying action, pending in the United States District Court for the
20 District of Arizona (2:13-cv-00349-SRB);
21

THE PARTIES DO HEREBY AGREE AND STIPULATE to the following:

22

1.

Plaintiff shall have until Friday, June 6, 2014, to file its Response to Wells

23 Fargo’s Motion;
24

2.

Non-Party Wells Fargo shall have until Friday, June 20, 2014, to file its

25 Reply in support of its Motion; and
26

3.

The Motion shall be heard on Friday, July 11, 2014, at 10:00 AM in

27 Courtroom 1 of this Court, or on the nearest date/time before or after that is convenient for the
28 Court.
SMRH:423882410.2

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Case No. 3:14-MC-80099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Danielle T. Kennedy

1
2 Dated: May 20, 2014
3

Respectfully submitted,

4

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

5
By

6

/Raymond C. Marshall/
RAYMOND C. MARSHALL

7
Attorneys for Non-Party
WELLS FARGO & COMPANY

8
9 Dated: May 20, 2014
POLSINELLI PC

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11

By

12

/Carlyle W. Hall III/
CARLYLE (CARY) W. HALL III

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Attorneys for Plaintiff
Moon Mountain Farms, LLC

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15
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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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19

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DATED: May ___, 2014

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21
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Hon. Samuel Conti
United States District Judge

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SMRH:423882410.2

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Case No. 3:14-MC-80099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Danielle T. Kennedy