Pivot Point Partners, LLC v. Innocenti, LLC

Filing 15

STIPULATION AND ORDER re 12 to Extend Time for Filing Briefs filed by Pivot Point Partners, LLC. Signed by Judge Edward M. Chen on 3/16/16. (bpf, COURT STAFF) (Filed on 3/16/2016)

Case 3:15-cv-04125-EMC Document 12 Filed 03/15/16 Page 1 of 3

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JAMES A. TIEMSTRA (Bar No. 96203)
LISA LENHERR (Bar No. 258091)
TIEMSTRA LAW GROUP, PC
1111 Broadway, Suite 1501
Oakland, CA 94607-4036
Telephone No. [phone]
Facsimile No. [phone]
E-mail: [e-mail]

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Attorneys for Appellant
PIVOT POINT PARTNERS, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re:

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INNOCENTI, LLC,
Debtor.

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PIVOT POINT PARTNERS, LLC,

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No. 15-cv-04125-EMC

Appellant,

THIRD STIPULATION TO EXTEND TIME
FOR FILING BRIEFS

v.
INNOCENTI, LLC,

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Appellee.

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COMES NOW, PIVOT POINT PARTNERS, LLC (“Pivot Point”) by and through

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its attorneys of record, Tiemstra Law Group, PC; E. Lynn Schoenmann, (the “Coyle Trustee”), by

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and through her attorneys of record; and Barry Milgrom, (the “Innocenti Trustee”), by and

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through his attorneys of record, and stipulate as follows:
WHEREAS, on September 8, 2015, Pivot Point filed a Notice of Appeal pursuant

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to 28 U.S.C. § 158(a) or (b) from the judgment, order, or decree of the Honorable Hannah L.

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Blumenstiel, United States Bankruptcy Judge, entitled Order Denying Motion for Relief from

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Stay entered on August 24, 2015;
WHEREAS, on September 8, 2015, Pivot Point filed a Statement of Election to

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Appeal to the District Court;

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PPPS.366

STIPULATION
USDC NO. 15-cv-04125-EMC

Case 3:15-cv-04125-EMC Document 12 Filed 03/15/16 Page 2 of 3

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WHEREAS, on October 15, 2015, the Record on Appeal in was entered in the
docket of this Court;

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WHEREAS, on October 15, 2015, a scheduling order (the “Scheduling Order”)

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was issued which advised the parties that appellant’s brief was to be filed and served on or before

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November 16, 2015 (the “Opening Brief Deadline”), the appellee’s brief was to be filed and

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served 20 days after service of appellant’s brief, and appellant’s reply brief was to be filed and

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served within 10 days after service of appellee’s brief;

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WHEREAS, around the time of the Scheduling Order deadlines, the parties were
engaged in mediation through the United States Bankruptcy Court for the Northern District of

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California’s Bankruptcy Dispute Resolution Program (“BDRP”) (see Bankr. Local Rules 9040-1

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et seq.), in an attempt to reach a global compromise of issues arising from the In re Innocenti and

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WB Coyle bankruptcy cases;

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WHEREAS, given the then pending mediation, and in the interests of efficiency

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and judicial economy, the parties entered into a Stipulation to Extend Time for Filing Brief

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(Docket No. 5, filed Nov. 11, 2015), and this Court entered an Order extending the time to file the

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Opening Brief for sixty (60) days (Docket No. 6, entered, Nov. 13, 2015);

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WHEREAS, on January 13, 2016, the parties entered into a second Stipulation to

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Extend Time for Filing Brief, agreeing to continue the time to file the Opening Brief for an

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additional sixty (60) days to allow time to document a settlement in preparation for approval by

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the Bankruptcy Court (Docket No. 9, filed Jan. 14, 2016), and this Court entered an Order

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extending the time to file the Opening Brief for sixty (60) days (Docket No. 10, entered Jan. 19,

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2016);

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WHEREAS, the parties have not finalized the settlement agreement but are
continuing their efforts to do so;

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WHEREAS, the parties agree that in the interests of efficiency and judicial

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economy, the Opening Brief Deadline should be extended to and including April 8, 2016, to

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allow completion of the documentation of the settlement agreement and approval by the

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Bankruptcy Court;
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PPPS.366

STIPULATION
USDC NO. 15-cv-04125-EMC

Case 3:15-cv-04125-EMC Document 12 Filed 03/15/16 Page 3 of 3

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WHEREAS, all other deadlines set forth in the Scheduling Order shall remain the
same; and

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WHEREAS, the proposed order is attached hereto as Exhibit “A” and made a part
hereof.

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

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between Pivot Point, the Coyle Trustee, and the Innocenti Trustee, by and through their respective

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counsels of record, and in consideration of the forgoing, that the Opening Brief Deadline in the

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above-captioned appeal, shall be extended to and including April 8, 2016.

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Dated: March 15, 2016

TIEMSTRA LAW GROUP, PC

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By:

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/ s / James A. Tiemstra
JAMES A. TIEMSTRA
Attorneys for Appellant
PIVOT POINT PARTNERS, LLC

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Dated: March 15, 2016

FOX ROTHSCHILD, LLP

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By:

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/ s / Michael A. Sweet
MICHAEL A. SWEET
Attorneys for Appellee
E. LYNN SCHOENMANN, Trustee of the
Estate of WB Coyle (Bankr. Case No. 1332412)

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Dated: March 15, 2016

DENTONS US LLP

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By:

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/ s / Jennifer C. Hayes
JENNIFER C. HAYES
Attorneys for Appellee
BARRY MILGROM, Trustee of the Estate
of Innocenti, LLC (Bankr. Case No. 1530690)

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PPPS.366

STIPULATION
USDC NO. 15-cv-04125-EMC

Case 3:15-cv-04125-EMC Document 12-1 Filed 03/15/16 Page 1 of 1

Case 3:15-cv-04125-EMC Document 12-2 Filed 03/15/16 Page 1 of 1

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JAMES A. TIEMSTRA (Bar No. 96203)
LISA LENHERR (Bar No. 258091)
TIEMSTRA LAW GROUP, PC
1111 Broadway, Suite 1501
Oakland, CA 94607-4036
Telephone No. [phone]
Facsimile No. [phone]
E-mail: [e-mail]

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Attorneys for Appellant
PIVOT POINT PARTNERS, LLC

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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In re:

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INNOCENTI, LLC,
Debtor.

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PIVOT POINT PARTNERS, LLC,

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No. 15-cv-04125-EMC

ORDER APPROVING THIRD
STIPULATION TO EXTEND TIME FOR
FILING BRIEFS

Appellant,
v.
INNOCENTI, LLC

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Appellee.

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Upon the annexed Third Stipulation to Extend Time for Filing Briefs, the Court

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having reviewed the papers on file herein, being fully advised thereby and good cause appearing

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therefor,
IT IS HEREBY ORDERED, that the aforesaid Stipulation be, and the same is

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hereby, approved and adopted in its entirety as the order of this Court.

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PPPS.366

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IT IS SO
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Edward M. Chen
U.S. District JudgeS
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ORDER APPROVING STIPULATION
USDC NO. 15-cv-04125-EMC

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