JD BROTHERS LLC v. Liberty Asset Management Corporation et al

Filing 66

Order by Hon. Vince Chhabria granting 65 Stipulation to Extend Time to Respond to Amended Complaint.(knm, COURT STAFF) (Filed on 8/28/2015)

1 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
2
CHARLES L. KREINDLER, Cal. Bar No. 119933
3 ANTHONY N. MOSHIRNIA, Cal. Bar No. 254253
333 South Hope Street, 43rd Floor
4 Los Angeles, California 90071-1422
Telephone: [phone]
5 Facsimile: 213.620.1398
Email:
[e-mail]
[e-mail]
6
7 Attorneys for Lucy Gao (erroneously sued
herein as “Lucy Gao, aka Xiang Xin Gao”)
8 and HK Grace Building LLC
9
UNITED STATES DISTRICT COURT
10
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
11
12
JD BROTHERS LLC, a California Limited
13 Liability Company; WEI “WENDY”
HUANG, an individual; and WEI
14 “WENDY” HUANG as TRUSTEE of the
GUO/HUANG FAMILY TRUST, a
15 California trust,
Plaintiffs,

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Case No. 3:15-cv-01373-VC
STIPULATION AND [PROPOSED]
ORDER TO EXTEND TIME TO
RESPOND TO AMENDED
COMPLAINT
Judge: Hon. Vince Chhabria
Crtrm.: 4, 17th Floor

v.

18 LIBERTY ASSET MANAGEMENT
CORPORATION; BENJAMIN KIRK, aka
19 BENNY KO, aka TZU PING KO; LUCY
GAO, aka XIANG XIN GAO; SUNSHINE
20 VALLEY LLC; HK GRACE BUILDING
LLC; and DOES 1-20,
21
Defendants.
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SMRH:464145324.1

Case No. 3:15-cv-01373-VC
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT

RECITALS

1
2

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

3 its complaint in this action, in response to which Defendants timely filed motions to
4 dismiss, which were fully briefed and set for hearing on July 17, 2015;
5

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

6 Brothers after it had filed its opposition to the motions to dismiss and, on June 15, 2015,
7 the firm filed an Association of Counsel and Notices of Appearances for Joseph W.
8 Cotchett and Nancy L. Fineman;
9

WHEREAS, the parties stipulated and the Court entered an Order on June 26, 2015

10 to (1) take off calendar the then-pending motions to dismiss, (2) permit JD Brothers to file
11 an amended complaint, and (3) set August 31, 2015 as Defendants’ deadline to respond to
12 the amended complaint;
13

WHEREAS, JD Brothers filed its amended complaint on July 27, 2015, which

14 added new parties as Plaintiffs and dismissed certain parties as Defendants;
15

WHEREAS, on August 11, 2015 the Court entered an Order permitting then-

16 counsel for Defendants Benny Ko, Liberty Asset Management Corporation, and Sunshine
17 Valley LLC (the “Ko Defendants”) to withdraw from the action, and such counsel did
18 withdraw;
19

WHEREAS, the Ko Defendants retained the law firm of Robinson & Wood, Inc.,

20 and Jesse F. Ruiz filed a Notice of Appearance as attorney of record in this action for the
21 Ko Defendants on August 13, 2015;
22

WHEREAS, prior to and during the telephonic case management conference held

23 on August 18, 2015, and in subsequent communications, counsel for the parties agreed in
24 the interests of efficiency and economy to extend Defendants’ deadline to respond to the
25 amended complaint;
26 / / /
27 / / /
28 / / /
SMRH:464145324.1

Case No. 3:15-cv-01373-VC
-1STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT

1

NOW, THEREFORE, IT IS HEREBY AGREED AND STIPULATED, by and

2 among all parties, through their undersigned counsel of record, and subject to approval of
3 this Court that:
4

1.

The deadline for all Defendants to respond to Plaintiffs’ amended complaint

5 is continued from August 31, 2015 to September 21, 2015;
6

2.

Plaintiffs’ opposition to any motion(s) to dismiss the amended complaint

7 must be filed by October 13, 2015;
8

3.

Defendants’ reply in support of any motion(s) to dismiss the amended

9 complaint must be filed by October 20, 2015; and
10

4.

The hearing on any motion(s) to dismiss the amended complaint is set for

11 November 19, 2015.
12

IT IS SO STIPULATED.

13 Dated: August 27, 2015
14

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

15
By

16
17

/s/ Anthony N. Moshirnia
ANTHONY N. MOSHIRNIA
Attorneys for Lucy Gao (erroneously sued herein
as “Lucy Gao, aka Xiang Xin Gao”) and HK
Grace Building LLC

18
19
20 Dated: August 27, 2015
21

COTCHETT, PITRE & McCARTHY, LLP

22
23

By

24
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/s/ Nancy L. Fineman
NANCY L. FINEMAN
Attorneys for JD Brothers LLC, Wei “Wendy”
Huang, and the Guo/Huang Family Trust

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27
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SMRH:464145324.1

Case No. 3:15-cv-01373-VC
-2STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT

1 Dated: August 27, 2015
2

ROBINSON & WOOD INC.

3
By

4
5

/s/ Jesse F. Ruiz
JESSE F. RUIZ
Attorneys for Benny Ko, Liberty Asset
Management Corporation, and Sunshine Valley
LLC

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SMRH:464145324.1

Case No. 3:15-cv-01373-VC
-3STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT

1

[PROPOSED] ORDER

2

PURSUANT TO STIPULATION OF THE PARTIES AND GOOD CAUSE

3 APPEARING:
4

1.

The deadline for all Defendants to respond to Plaintiffs’ amended complaint

5 is continued from August 31, 2015 to September 21, 2015;
6

2.

Plaintiffs’ opposition to any motion(s) to dismiss the amended complaint

7 must be filed by October 13, 2015;
8

3.

Defendants’ reply in support of any motion(s) to dismiss the amended

9 complaint must be filed by October 20, 2015; and
10

4.

The hearing on any motion(s) to dismiss the amended complaint is set for

11 November 19, 2015.
12

IT IS SO ORDERED.

13
15
August 28
14 DATED: __________, 20__

15
16
VINCE CHHABRIA
UNITED STATES DISTRICT JUDGE

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SMRH:464145324.1

Case No. 3:15-cv-01373-VC
-5STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO
AMENDED COMPLAINT