Sven Hemmert, et al v. David Finn, et al

Filing 33

ORDER granting 30 STIPULATION TO CONTINUE DEADLINE FOR UNITED STATES OF AMERICA TO RESPOND TO FIRST AMENDED COMPLAINT AND CASE MANAGEMENT CONFERENCE DATE. The United States shall have until April 27, 2016 to respond to Plaintiffs' First Amended Complaint. Case Management Statement due by 4/26/2016. Case Management Conference set for 5/3/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 03/17/2016. (jmdS, COURT STAFF) (Filed on 3/17/2016)

1 BRIAN J. STRETCH (CABN 163973)
Acting United States Attorney
2 ALEX G. TSE (CABN 152348)
Assistant United States Attorney
3 Chief, Civil Division
MICHAEL T. PYLE (CABN 172954)
4 Assistant United States Attorney
150 Almaden Boulevard, Suite 900
5 San Jose, California 95113
Telephone: [phone]
6 Facsimile: [phone]
Email: [e-mail]
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Attorney for Federal Defendant
8 United States of America
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SVEN HEMMERT et al.,
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Plaintiffs,

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v.
DAVID FINN et al.,
Defendants.

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CASE NO. 15-4904 WHO
STIPULATION AND ORDER TO CONTINUE
DEADLINE FOR UNITED STATES OF
AMERICA TO RESPOND TO FIRST
AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE DATE

Hon. William H. Orrick

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RECITAL
Whereas Plaintiffs Sven Hemmert and Sue-Ellen Speight (collectively, “Plaintiffs”) filed their

23 First Amended Complaint on December 14, 2015 against the United States of America (“the United
24 States”) and the David and Amy Finn (collectively, “Finn Defendants”);
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Whereas the Court previously approved the parties’ stipulation to Continue the Deadline for

26 Responses to First Amended Complaint and Case Management Conference in Light of Agreement to
27 Mediate Case in Docket No. 23;
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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 1

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Whereas Plaintiffs, the United States, and Finn Defendants mediated this case with Michael G.

2 Ornstil of JAMS on February 11, 2016, but did not resolve the case in that initial mediation session;
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Whereas the Finn Defendants filed an answer and third-party complaint on March 11, 2016

4 naming a new party, Terence Talen, who owns property uphill to the property of the United States, Finn
5 Defendants and Plaintiffs;
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Whereas Mr. Talen would have at least 21 days following service of a complaint and summons

7 to respond to the third-party complaint;
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Whereas the parties do not think a Case Management Conference without the participation of

9 Mr. Talen or his counsel would be productive and believe the Conference should be continued so that all
10 parties can participate;
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Whereas the mediation with Mr. Ornstil is not concluded and the current parties to the suit will

12 seek to hold a further mediation session with Mr. Talen in the next 30 to 60 days;
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Whereas the United States is prepared to file a motion to dismiss the claims against it but

14 Plaintiffs and the United States desire to continue discussing the potential for the resolution of some or
15 all of the claims in this case rather than engaging in motion practice at this time;
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Whereas the United States and Plaintiffs want to continue these discussions over the next 60

17 days, including assistance from the mediator, and have agreed that the United States should have until
18 May 27, 2016 to answer, move or respond to Plaintiffs’ First Amended Complaint, and
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Whereas the parties agree that the Case Management Conference should be continued to May 3,

20 2016 from the current date of March 29, 2016.
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In full consideration and exchange, the parties agree and stipulate as follows:
STIPULATION

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective

24 attorneys of record that the United States shall have until May 27, 2016 to answer, move or respond to
25 Plaintiffs’ First Amended Complaint and the Case Management Conference shall be continued from
26 March 29, 2016 to May 3, 2016 so that the newly named third-party defendant can participate in the
27 Conference.
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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 2

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IT IS SO STIPULATED,

2 Dated: March 16, 2016

WEISBERG & MILLER

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/s/ William S. Weisberg
By: ________________________________________
Craig S. Miller
William S. Weisberg
Attorneys for Plaintiffs,
SVEN HEMMERT and SUE-ELLEN SPEIGHT

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8 Dated: March 16, 2016

BRIAN J. STRETCH
Acting United States Attorney

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By: /s/ Michael T. Pyle***

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MICHAEL T. PYLE
Assistant United States Attorney
Attorneys for Defendant United States of America

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*** I have been authorized to place electronic
signatures on this document for other counsel and to
file this document.

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15 Dated: March 16, 2016

LAW OFFICES OF JOHN A. BIARD

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/s/ David J. DeMordaunt
By: ________________________________________
David J. DeMordaunt
Attorneys for Defendants,
DAVID FINN and AMY FINN

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20 PURUSANT TO STIPULATION, IT IS SO ORDERED.
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The United States shall have until April 27, 2016 to answer, move or respond to Plaintiffs’ First

22 Amended Complaint. The Case Management Conference is continued from March 29, 2016 to May 3,
23 2016. The parties shall file a Joint Case Management Statement no less than 7 days prior to the
24 Conference.
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DATED: March 17, 2016
___________________________
Hon. William H. Orrick
United States District Judge

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STIPULATION AND ORDER CONTINUING DATES
Hemmert et. al. v. Finn, et al., 15-4904 WHO 3