JD BROTHERS LLC v. Liberty Asset Management Corporation et al

Filing 50

ORDER, Motions terminated: 11 MOTION to Dismiss the Complaint in this Action filed by Liberty Asset Management Corporation,et al. Sunshine Valley, LLC, Benjamin Kirk, 8 First MOTION to Dismiss Strike Plaintiff's Comp laint for Failure to State a Claim and/or For More Definite Statement; filed by North America Capital LLC, et al.; 26 MOTION to Dismiss Strike Plaintiff's Complaint for Failure to State Claim and/or for More Defeinite Statement; f iled by North America Capital LLC, et al. Amended Complaint due by 7/27/2015. Response to FAC due no later than 8/31/2015. Case Management Statement due by 8/28/2015. Initial Case Management Conference reset for 9/4/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 6/26/2015. (beS, COURT STAFF) (Filed on 6/26/2015)

1
2
3
4
5
6
7
8
9
10
11

JOSEPH W. COTCHETT (SBN 36324)
[e-mail]
NANCY L. FINEMAN (SBN 124870)
[e-mail]
COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
C. ALEX NAEGELE (SBN 255887)
[e-mail]
C. ALEX NAEGELE
A PROFESSIONAL LAW CORPORATION
95 S. Market Street, Suite 300
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]

12

Counsel for Plaintiff JD Brothers, LLC
13

UNITED STATES DISTRICT COURT

14
15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN FRANCISCO DIVISION

17
18
19
20
21
22
23
24
25
26

JD BROTHERS LLC, a California Limited
Liability Company

Case No. 3:15-cv-01373-CRB

Plaintiff,
LIBERTY ASSET MANAGEMENT
CORPORATION, NORTH AMERICA ASSET
MANAGEMENT CORPORATION, NORTH
AMERICA CAPITAL, LLC, NORTH
AMERICA HOLDING CORPORATION,
BENJAMIN KIRK, aka BENNY KO, aka TZU
PING KO, LUCY GAO, aka XIANG XIN GAO,
SUNSHINE VALLEY, LLC, HK GRACE
BUILDING LLC, CRYSTAL WATERFALLS
LLC, HUNTINGTON GIANT CAPITAL
CORPORATION and DOES 1-100,

27

Defendants.
28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-1-

STIPULATION AND ORDER RE:
TAKING MOTIONS TO DISMISS
OFF CALENDAR AND FILING OF
AMENDED COMPLAINT
Dept.: Courtroom 6, 17th Floor
Hon. Charles R. Breyer

1

RECITALS

2

WHEREAS, on March 25, 2015, Plaintiff JD Brothers LLC (“JD Brothers”) filed its

3

complaint in this action and Defendants were served and filed motions to dismiss, which are fully

4

briefed and set for hearing on July 17, 2015;

5

WHEREAS, there is also a Case Management Conference set for July 17, 2015;

6

WHEREAS, the law firm of Cotchett, Pitre & McCarthy LLP was retained after JD

7

Brothers filed its opposition to the motions to dismiss and, on June 15, 2015, the firm filed an

8

Association of Counsel and Notices of Appearance for Joseph W. Cotchett and Nancy L.

9

Fineman; and
WHEREAS, at a Rule 26(f) conference on June 19, 2015 and in subsequent

10
11

communications between the parties, the parties agreed that it would be more efficient for JD

12

Brothers to file an amended complaint than to await the Court’s decision on the pending motions

13

to dismiss, and that the Case Management Conference set for July 17, 2015 should be taken off

14

calendar;
NOW, THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among

15
16

all parties, through their undersigned counsel of record, and subject to the approval of this Court

17

that:
1. The hearing on Defendants’ motions to dismiss, which is currently set for July 17,

18

2015, be taken off calendar and not decided by this Court;

19
20

2. Plaintiff’s Amended Complaint may be filed no later than July 27, 2015;

21

3. Defendants’ Responses to the Amended Complaint may be filed no later than August
31, 2015;

22
23
24
25
26

///

27

///

28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-1-

1

4. The Case Management Conference currently set for July 17, 2015 be taken off

2

calendar and reset to another date convenient to the Court’s calendar.

3

IT IS SO STIPULATED.

4
5

Dated: June 24, 2015

/s/ Nancy L. Fineman
Nancy L. Fineman

6

COTCHETT, PITRE & McCARTHY, LLP
840 Malcolm Road, Suite 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]
[e-mail]

7
8
9
10

14

C. ALEX NAEGELE
A PROFESSIONAL LAW CORPORATION
95 S. Market Street, Suite 300
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]

15

Counsel for Plaintiff JD Brothers, LLC

11
12
13

16
17
18
19
20
21
22
23
24

Dated: June 26, 2015

/s/ William Faulkner
William Faulkner
McMANIS FAULKNER
50 W. San Fernando Street
10th Floor
San Jose, CA 95113
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendants Liberty Asset Management
Corporation, Sunshine Valley, LLC, and
Benjamin Kirk

25
26
27
28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-2-

1

Dated: June 26, 2015

2

/s/ George P. Eshoo
George P. Eshoo
LAW OFFICES OF GEORGE P. ESHOO &
ASSOCIATES
702 Marshall Street, Suite 500
Redwood City, CA 94063
Tel: [phone]
Fax: [phone]
[e-mail]

3
4
5
6
7

Attorneys for Defendants North America Asset
Management Corporation, North America Capital
LLC, and North America Holding Corporation

8
9
10
11
12
13
14
15

Dated: June 26, 2015

/s/ Anthony Moshirnia
Anthony Moshirnia
SHEPPARD, MULLIN, RICHTER
& HAMPTON LLP
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071
Tel: [phone]
Fax: [phone]
[e-mail]

16
17
18

Attorneys for Defendants Lucy Gao, HK Grace
Building, LLC, Crystal Waterfalls LLC, and
Huntington Giant Capital Corporation

19
20
21
22
23
24
25
26
27
28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-3-

1

ATTESTATION OF FILING
I, Nancy L. Fineman, hereby attest, pursuant to Northern District of California, Local Rule

2
3

5-1(i)(3) that concurrence to the filing of this document has been obtained from each signatory

4

hereto.

5
6

/s/ Nancy L. Fineman
Nancy L. Fineman

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-4-

ORDER

1
2

PURSUANT TO STIPULATION OF THE PARTIES AND GOOD CAUSE APPEARING:

3

1. The hearing on Defendants’ motions to dismiss, which is currently set for July 17,

4

2015, is taken off calendar and the motions will not be decided by this Court;

5

2. Plaintiff may file an Amended Complaint no later than July 27, 2015;

6

3. Defendants may respond to the Amended Complaint no later than August 31, 2015;

7

4. The Case Management Conference currently set for July 17, 2015 is taken off calendar

8
9

and will be reset to another date convenient to the Court’s calendar.
IT IS SO ORDERED.

10
11
12

Date: June 26, 2015.

__________________________________
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
v
LAW OFFICES
COTCHETT, PITRE
& MCCARTHY, LLP

-5-