Nelson et al v. Levy et al

Filing 64

ORDER PURSUANT TO STIPULATION. The hearing on the two pending motions to dismiss and the pending motion for preliminary injunction are all continued to February 17, 2017, at 9:00 a.m. Plaintiffs shall file their oppositions to the two motions to dismiss no later than January 20, 2017. Defendants shall file their oppositions to the motion for preliminary injunction no later than January 20, 2017. Any replies shall be filed no later than February 3, 2017. The status conference is continued from February 17, 2017, to March 24, 2017. Signed by Judge Maxine M. Chesney on 01/09/17. (mmclc2, COURT STAFF) (Filed on 1/9/2017)

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ABRAHAM M. GEORGE (Pro Hac Vice)
New York State Bar No. 4272258
LAW OFFICE OF ABRAHAM GEORGE, P.C.
44 Wall Street, 2nd Floor
New York, NY 10005
Tel: [phone]

Fax: [phone]

E-mail: [e-mail]

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D. GILL SPERLEIN
THE LAW OFFICE OF D. GILL SPERLEIN
345 Grove Street
San Francisco, CA 94102
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorney for Plaintiffs
Leslee A. Nelson et al and Nancy Barth

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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)
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LESLEE A. NELSON individually and as
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Trustee and Trustor of the LESLEE A.
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NELSON REVOCABLE TRUST and
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NANCY BARTH,
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Plaintiffs,
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v.
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RAYAH LEVY, JESSICA JACOBSON,
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RAYAH RACHEL LEVY
INTERNATIONAL d/b/a “ARTEQUESTA” )
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and “AGENTS OF HUMANITY IN THE
FINE ARTS”, JOHN DOE and JANE DOES )
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(1-10),
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Defendants.
)

CASE №: 3:16-CV-3797 MMC

STIPULATION TO EXTEND
DEADLINES TO FILE OPPOSITION
TO MOTIONS TO DISMISS,
OPPOSITIONS TO MOTION FOR
PRELIMINARY INJUNCTION,
RESETTING REPLY DUE DATES,
AND RECALENDARING HEARINGS
FOR ALL PENDING MOTIONS;
[PROPOSED] ORDER]
Date: January 27, 2017
Time: 9:00
Court Room: 7, 19th Floor

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-1Leslee A. Neslon et al v. Rayah Levy, et. a
3:16-cv-3797 MMC
STIPULATION AND [PROPOSED] ORDER

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WHEREAS, by stipulation of all of the parties, on December 6, 2016 the Court set

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certain dates for the hearing of motions by Defendants to dismiss plaintiffs’ Second Amended

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Complaint, and further set certain dates for the opposition and reply papers related to

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Plaintiffs’ Motion for Preliminary Injunction (the “Order”); Sperlein Decl. at ¶3.

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WHEREAS, Defendant Jessica Jacobson filed a motion to dismiss plaintiffs’ Second
Amended Complaint on December 23, 2016; Id. at ¶4.
WHEREAS, Defendants Rayah Levy and Rayah Rachel Levy International, Inc. filed
a motion to dismiss plaintiffs’ Second Amended Complaint on December 23, 2016; Id. at ¶5.

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WHEREAS, Plaintiffs have had to prepare oppositions to two Motions to dismiss over

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the winter holidays which was more daunting than originally anticipated and this was further

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exasperated by a miscommunication between co-counsel; Id. at ¶¶ 6 and 7.

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WHEREAS, Plaintiffs requested, and Defendants have agreed, to ask the Court to

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continue the hearing dates for all pending motions, extend the dates for filing all related

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opposition papers, and extend the dates for the filing of all related reply papers [Id. at ¶¶ 8 and

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9]; and

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WHEREAS, the first status conference now set for February 27, 2017 be continued to

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March 24, 2017;
THEREFORE, all of the Parties do hereby STIPULATE as follows,
1.

The motion hearing on the two pending Motions to Dismiss the Second

Amended Complaint, and the pending Plaintiffs’ Motion for Preliminary Injunction all be

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continued to Friday, February 17, at 9:00 a.m.;

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-2Leslee A. Neslon et al v. Rayah Levy, et. a
3:16-cv-3797 MMC
STIPULATION AND [PROPOSED] ORDER

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2.

Plaintiffs will have until January 20, 2017, to file any oppositions to the two

pending Motions to Dismiss the Second Amended Complaint;
3.

Defendants will have until January 20, 2017, to file any oppositions to

Plaintiffs’ Motion for Preliminary Injunction;

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4.

Replies to any filed opposition by any party will be due February 3, 2017;

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The status conference now set for February 17, 2017, will be continued to

March 24, 2027.

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IT IS SO STIPULATED

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Dated:

by:

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/s/ D. Gill Sperlein
________________________

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D. Gill Sperlein
THE LAW OFFICE OF D. GILL SPERLEIN

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Abraham M. George
LAW OFFICES OF ABE GEORGE, ESQ. (pro hac vice pending)

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Attorneys for Plaintiffs Leslee A. Nelson individually and as
trustee and trustor of the Leslee A. Nelson revocable trust and
Nancy Barth

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Dated:

by:

/s/ Andrew Wingate
_________________________
Andrew Winghart
Attorney for Defendant Jessica Jacobson

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-3Leslee A. Neslon et al v. Rayah Levy, et. a
3:16-cv-3797 MMC
STIPULATION AND [PROPOSED] ORDER

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Dated:

by:
/s/ Mark Pruner
___________________________
Mark Prunner
Attorney for Defendants Rayah Levy, Rayah Rachel Levy
International d/b/a Artequesta and Agents of Humanity in the
Fine Arts

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[PROPOSED] ORDER

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Having considered the stipulation of the Parties and finding good cause therefore, IT

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IS SO ORDERED. and the status conference is hereby CONTINUED to March 24, 2017.
,

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^

January 9, 2017
Dated: ___________

__________________________
MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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-4Leslee A. Neslon et al v. Rayah Levy, et. a
3:16-cv-3797 MMC
STIPULATION AND [PROPOSED] ORDER