Moon Mountain Farms, LLC v. Rural Community Insurance Company

Filing 8

STIPULATION AND ORDER Enlarging Time for Briefing on 1 MOTION to Compel. Responses due by 5/16/2014. Replies due by 5/23/2014. Motion Hearing set for 6/6/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 05/02/2014. (tmi, COURT STAFF) (Filed on 5/2/2014)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
2
RAYMOND C. MARSHALL, Cal. Bar No. 83717
3 [e-mail]
SANDRA ZUNIGA NIERENBERG, Cal. Bar No. 250881
4 [e-mail]
LIEN H. PAYNE, Cal. Bar No. 291569
5 [e-mail] th
Four Embarcadero Center, 17 Floor
6 San Francisco, California 94111-4109
Telephone: [phone]
7 Facsimile: 415.434.3947
8 Attorneys for Non-Party
WELLS FARGO & CO.
9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

(SAN FRANCISCO DIVISION)

13 MOON MOUNTAIN FARMS, LLC,

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

Plaintiff,

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

16 RURAL COMMUNITY INSURANCE
COMPANY,
17
Defendant.
18

STIPULATION AND [PROPOSED]
ORDER ENLARGING TIME
FOR BRIEFING ON PLAINTIFF’S
MOTION TO COMPEL
COMPLIANCE WITH SUBPOENA
AND MOTION TO TRANSFER;
SUPPORTING DECLARATION OF
RAYMOND MARSHALL

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15

v.

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IT IS SO ORDERED AS MODIFIED

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

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Hon. Samuel Conti
May 30, 2014
10:00 a.m.
Courtroom 1, 17th Floor

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

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7-12, Plaintiff Moon Mountain Farms, LLC (“Plaintiff”) and Non-party Wells Fargo & Co.
(“Wells Fargo”) (collectively the “Parties”), by and through their respective counsel,
SMRH:422947111.1

-1-

Case No. 3:14-MC-8099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Raymond C. Marshall

1 hereby stipulate to extend the briefing schedule on Plaintiff’s Motion to Compel
2 Compliance with Subpoena and Motion to Transfer (the “Motions”) as follows:
3

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

4 to this proceeding;
5

WHEREAS, on April 4, 2014, Plaintiff filed its Notice of Motion and

6 Motion to Compel Compliance with Subpoena; Memorandum of Points and Authorities in
7 Support Thereof and Motion to Transfer;
8

WHEREAS, currently Wells Fargo’s Response is due by May 2, 2014,

9 Plaintiffs Reply is due by May 12, 2014, and the Motions are set to be heard on May 30,
10 2014, at 10:00 AM;
11

WHEREAS, the Parties met and conferred on April 28 and April 30, 2014, to

12 eliminate or narrow the scope of the issues underlying Plaintiff’s Motion to Compel;
13

WHEREAS, the Parties have reached agreement on the majority of the issues

14 underlying Plaintiff’s Motion to Compel;
15

WHEREAS, the Parties agree a delay in the briefing schedule will permit

16 Plaintiff sufficient time to review Wells Fargo’s production of documents, scheduled to be
17 substantially made on May 5, 2014, such that Plaintiff can determine whether any issues
18 remain in dispute;
19

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

20 the disposition of Plaintiff s Motions or the dates for the close of discovery, trial date and
21 related deadlines of the underlying action, pending in the United States District Court for
22 the District of Arizona (2:13-cv-00349-SRB);
23

THE PARTIES DO HEREBY AGREE AND STIPULATE to the following:

24

1.

Non-party Wells Fargo shall have until Friday, May 16, 2014, to file

25 its Response to Plaintiffs Motions;
26

2.

Plaintiff shall have until Friday, May 23, 2014, to file its Reply in

27 support of its Motions; and
28
SMRH:422947111.1

-2-

Case No. 3:14-MC-8099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Raymond C. Marshall

June 6, 2014

1

3.

The Motions shall continue to be heard on Friday, May 30, 2014, at

2 10:00 AM in Courtroom 1 of this Court, or on the nearest date/time before or after that is
3 convenient for the Court.
4
5 Dated: May 1, 2014
6

Respectfully submitted,

7

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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9

By

/Raymond C. Marshall/
RAYMOND C. MARSHALL

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Attorneys for Non-Party
WELLS FARGO & CO.

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12 Dated: May 1, 2014
13

POLSINELLI PC

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By

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

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Attorneys for Plaintiff
Moon Mountain Farms, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

2
DATED: May ___, 2014

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DERED
SO OR ED
IT IS
DIFI
AS MO
ti

RT

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ER

SMRH:422947111.1

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A

H

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FO

NO

Hon. Samuel Conti dge Samuel Con
Ju
United States District Judge

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R NIA

UNIT
ED

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RT
U
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S DISTRICT
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[PROPOSED] ORDER

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OF

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D IS T IC T
R Case No. 3:14-MC-8099-SC
Stipulation and [PROPOSED] Order Enlarging
Time; Declaration of Raymond C. Marshall