Bock Evans Financial Counsel, Ltd. v. Milliner

Filing 22

STIPULATION AND MODIFIED ORDER to Continue Hearing Date and Extend the Deadline for Respondent's Response to, and Petitioner's Reply in Support of re 16 Petitioner's Voluntary Motion to Dismiss With Prejudice. Set/Reset Deadlines as to 16 MOTION to Dismiss With Prejudice. Responses due by 10/15/2015. Replies due by 10/22/2015. Motion Hearing set for 11/9/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 10/13/2015. (tmiS, COURT STAFF) (Filed on 10/13/2015)

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David Sturgeon-Garcia. Esq. (State Bar No. 157390)
THE LAW OFFICES OF DAVID STURGEON-GARCIA
1042 Country Club Drive, Suite 1A
Moraga, CA 94556
Telephone: [phone]
Facsimile: 925.235.7319

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Charles D. Marshall (State Bar No. 236444)
MARSHALL LAW FIRM
2121 N. California Blvd., Suite 290
Walnut Creek, CA 92596
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Respondents Charlotte B.
Milliner

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOCK EVANS FINANCIAL COUNSEL,
LTD.,
Petitioner,

Case No.: 15-cv-01926-TEH
MODIFIED
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING DATE
AND EXTEND THE DEADLINE FOR
RESPONDENT’S RESPONSE TO, AND
PETITIONER’S REPLY IN SUPPORT OF,
PETITIONER’S VOLUNTARY MOTION
TO DISMISS

v.
CHARLOTTE B. MILLINER,
individually and as trustee of the
Charlotte B. Milliner Trust dated January
30, 1997

Judge: Thelton E. Henderson
Hearing Date: November 2, 2015
Hearing Time: 10:00 a.m.

Respondents.

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-0STIPULATION AND [PROPOSED] ORDER
CASE NO.: 15-cv-01926-TEH

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Bock Evans Financial Counsel, Ltd. (“Petitioner”) and Charlotte B. Milliner, individually

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and as trustee of the Charlotte B. Milliner Trust dated January 30, 1997. (“Respondent”),

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(collectively “the Parties”) by and through their attorneys, hereby stipulate and jointly move as

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follows, subject to Court approval:
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WHEREAS, on September 24, 2015, Petitioner Bock Evans Financial Counsel, Ltd. filed

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a Motion to Voluntarily Dismiss With Prejudice with a hearing date set for November 2, 2015

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[Dkt. 16-1];

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WHEREAS, on October 7, 2015, the Parties agreed, and Petitioner filed a notice, to
continue the hearing date on the Motion to Voluntarily Dismiss With Prejudice to November 9,
2015 at 10:00 a.m. [Dkt. No. 17];

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WHEREAS a further case management conference is currently scheduled for that same

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date, November 9, 2015, but at 1:30 p.m., and both parties believe it would be most efficient to

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consolidate the motion to dismiss hearing with the case management hearing on November 9,

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2015 at 1:30 p.m.;

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WHEREAS, under Local Rule 7-3(a), the Respondent’s opposition to the Motion is due
on October 8, 2015, and Petitioner’s brief in support of its Motion is due on October 15, 2015;

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WHEREAS, Respondent desires an additional 7 days—or until October 15, 2015—to
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respond to the issues raised in the Motion, and Petitioner has no objection to such an extension of
time;
WHEREAS, Petitioner requests an extension of its deadline to file a reply brief to
October 22, 2015, and Respondent has no objection to such an extension of time;
WHEREAS, this extension will not interfere with the requested continued hearing date of
November 9, 2015, or any other matter calendared in this case; the Court will have ample time to

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-1STIPULATION AND [PROPOSED] ORDER
CASE NO.: 15-CV-01926-TEH

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review the briefs prior to the hearing; no extensions have been requested in relation to the briefing

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of the Motion to Dismiss; and there has been no trial date set.

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NOW, THEREFORE, the Parties hereby stipulate and respectfully request that the Court

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(a) continue the hearing date for the Petitioner’s Motion to Dismiss to November 9, 2015 at 1:30
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p.m.; (b) allow Respondent until October 15, 2015, to respond to Petitioner’s Motion to

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Voluntarily Dismiss, and (c) allow Petitioner until October 22, 2015, to allow a reply brief, if

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necessary.

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IT IS SO STIPULATED.

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Date: October 8, 2015

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By: /s/ Chuck Marshall

By: /s/ Katherine D. DiDinato

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Chuck Marshall
MARSHALL LAW FIRM
2121 N. California Blvd., Ste. 290
Walnut Creek, CA 94596
Telephone: [phone]
Fax: [phone]
Telephone: [phone]
Facsimile: [phone]

Katherine D. DiDinato
SHUSTAK, REYNLODS &
PARTNERS, P.C.
410 West “A” Street, Suite 2250
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Petitioner
David Sturgeon-Garcia. Esq.
THE LAW OFFICES OF
DAVID STURGEON-GARCIA
1042 Country Club Drive, Suite 1A
Moraga, CA 94556
Telephone: [phone]
Facsimile: 925.235.7319
Attorneys for Respondent

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-2STIPULATION AND [PROPOSED] ORDER
CASE NO.: 15-CV-01926-TEH

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ATTESTATION OF FILING
Pursuant to Local Rule 5-1(i)(3) regarding signatures, I, Chuck Marshall, hereby attest
that concurrence in the filing of this Stipulation and [Proposed] Order to Reschedule the Case

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Management Conference has been obtained from Katherine D. DiDinato with conformed
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signatures above.

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Dated: October 8, 2015

By: /s/ Chuck Marshall
Chuck Marshall
MARSHALL LAW FIRM
2121 N. California Blvd., Suite 290
Walnut Creek, CA 94596
Telephone:
[phone]
Facsimile:
[phone]

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-3STIPULATION AND [PROPOSED] ORDER
CASE NO.: 15-CV-01926-TEH

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[PROPOSED] ORDER
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Pursuant to the parties’ stipulation and good cause appearing:
1.

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The November 2, 2015, hearing date in Bock Evans Financial Counsel, Ltd. v.

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Charlotte Milliner, Case No. 15-CV-01926-TEH, has been continued to November 9, 2105, at
10:00 a.m.
1:30 p.m. so as to be consolidated with the Case Management Conference set for that same date

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and time;

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2.

Respondent’s deadline to oppose the Motion to Dismiss be extended through

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October 15, 2015; and
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3.

Petitioner’s deadline to reply in support of the Motion to Dismiss be extended

through October 22, 2015.
IT IS SO ORDERED.

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10/13
DATED: ______________________, 2015

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The Honorable Thelton E. Henderson

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-4STIPULATION AND [PROPOSED] ORDER
CASE NO.: 15-CV-01926-TEH