Finn v. Sullivan et al

Filing 18

ORDER granting 17 STIPULATION extending deadlines re 12 MOTION to Strike. Response due by 11/1/2016. Reply due by 11/15/2016. Signed by Judge William H. Orrick on 10/20/2016. (jmdS, COURT STAFF) (Filed on 10/20/2016)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
PHILIP S. WARDEN (SBN 54752)
[e-mail]
ANDREW D. LANPHERE (SBN 191479)
[e-mail]
JUDY J. BAO (SBN 305560)
[e-mail]
Four Embarcadero Center, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
STEPHEN A. FINN

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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STEPHEN A. FINN

Case No. 16-cv-05285-WHO

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Plaintiff,
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vs.
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KELLEEN F. SULLIVAN, an individual;
CAIREEN M.T. SULLIVAN, an individual;
SEAN J. SULLIVAN, an individual; ROSS
A. SULLIVAN, an individual; PHILOMENA
MAUREEN SULLIVAN GILDEA, an
individual; SULLIVAN VINEYARDS
CORPORATION, a California corporation;
SULLIVAN VINEYARDS PARTNERSHIP,
a California partnership; and DOES 1 through
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STIPULATION AND ORDER TO
EXTEND DEADLINES FOR
OPPOSITION AND REPLY TO
DEFENDANT’S MOTION TO STRIKE
[DKT. 12]
Date:
Time:
Judge:
Location

November 30, 2016
2:00 p.m.
Hon. William H. Orrick
Ctrm. 2, 17th Fl.

Defendants.

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Plaintiff Stephen A. Finn (“Finn”) and Defendants Sullivan Vineyard Corporation and

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Sullivan Vineyard Partnership (“Defendants”), in accord with Rules 6-1 and 6-2 of the Local Rules

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for the United District Court for the Northern District of California, by and through their counsel of

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record, stipulate and agree as follows:

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WHEREAS, Defendants have filed a motion to stay or strike Plaintiff’s complaint pursuant
to Fed. R. Civ. P. 12(b)(6) (“Motion to Strike”) [Dkt. 12];
WHEREAS, the Court has reset the hearing regarding Defendants’ Motion to Strike from
November 23, 2016 to November 30, 2016 [Dkt. 16];
WHEREAS, pursuant to Local Rule 7-3(a), Plaintiff’s Opposition to Defendants’ Motion to
Strike filed on October 14, 2016 [Dkt. 12] is currently due on October 28, 2016;
WHEREAS, pursuant to Local Rule 7-3(c), Defendants’ Reply to Plaintiff’s Opposition is
currently due on November 4, 2016;
WHEREAS, Plaintiff and Defendants (collectively, the “Parties”) seek additional time to
fully brief the issues presented in the Motion to Strike.

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NOW THEREFORE, the Parties stipulate and request the Court enter an order as follows:

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1.

Plaintiff’s Opposition to the Motion to Strike will be due on November 7, 2016; and

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2.

Defendants’ Reply to the Opposition to the Motion to Strike will due on November

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18, 2016.

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Respectfully submitted,
Dated: October 20, 2016.
PILLSBURY WINTHROP SHAW PITTMAN LLP
Philip S. Warden
Andrew D. Lanphere
Judy J. Bao
By: _/s/ Andrew D. Lanphere
Attorney for Plaintiff Stephen A. Finn

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BEYERS COSTIN SIMON
By: _/s/ Peter L. Simon_____________
Peter L. Simon
Attorney for Defendants Sullivan Vineyard
Corporation and Sullivan Vineyard Partnership

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ATTESTATION CLAUSE
I attest under penalty of perjury that the concurrence in filing of this document has been
obtained from its signatories.

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By: _/s/ Andrew D. Lanphere___________

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-34851-4094-4699.v1

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ORDER

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It is hereby ORDERED that the stipulation of the parties is granted, as modified below:

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1.

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Plaintiff’s Opposition to Defendants’ Motion to Strike [Dkt. 12] shall be due on

November 1, 2016; and
2.

Defendants’ Reply to Plaintiff’s Opposition to Defendants’ Motion to Strike shall be

due on November 15, 2016.

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IT IS SO ORDERED:

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Dated: October 20, 2016

___________________________________
William H. Orrick
United States District Judge

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4851-4094-4699.v1