Mirra et al v. Farella Braun + Martel, LLP

Filing 13

ORDER by Judge Laurel Beeler Granting 6 Stipulation to Shorten Time for Briefing on Petitioners' Motion to Transfer and Motion to Compel Subpoena Duces Tecum. Signed by Judge Laurel Beeler on 3/25/2016. (ndrS, COURT STAFF) (Filed on 3/25/2016)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Karin Kramer (Cal. Bar No. 87346)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
[phone]
 [phone] facsimile
 Attorneys for Petitioners




UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA

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






SAN FRANCISCO DIVISION
RAYMOND A. MIRRA, JR., RAM
CAPITAL GROUP, LLC, D/B/A RAM
CONSULTING GROUP, LLC, RAM
CAPITAL GROUP II, LLC, RAM REALTY
HOLDINGS, LLC, JOSEPH A. TROILO, JR.,
BRUCE KOLLEDA, MARK A. KOVINSKY,
JOSEPH J. TROPIANO, JR., DANIELLE
STEWART, RENEE M. SIGLOCH,
FREDERICK FORTE, VIRGINIA L. HALL,
BARI KUO, and SHELLY DEMORA,




Petitioners,
v.

CASE NO. 16-mc-80068
STIPULATION AND [PROPOSED]
ORDER TO SHORTEN TIME FOR
BRIEFING ON PETITIONERS’
MOTION TO TRANSFER AND
MOTION TO COMPEL SUBPOENA
DUCES TECUM
Date:
Time:
Place:
Judge:

TBD
TBD
Courtroom 10
Honorable Haywood S. Gilliam, Jr.

 FARELLA BRAUN + MARTEL, LLP,


Respondent.

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

CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

Petitioners, known in the underlying action1 as the “RAM Defendants” (Raymond A.

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2 Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings, LLC,
3 Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle Stewart,
4 Renee M. Sigloch, Bari Kuo, Frederick Forte, Virginia L. Hall, and Shelly Demora), Respondent
5 Farella Braun + Martel LLP (“Farella Braun”), Plaintiffs in the underlying action (Gigi Jordan,
6 The Hawk Mountain LLC, Michelle E. Mitchell, and Kimberly Jordan), and the remaining
7 defendants in the underlying action (Patrick Walsh and Bernard Eizen), stipulate as follows
8 pursuant to Civil Local Rule 6-2:
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WHEREAS, the RAM Defendants filed and served a Motion to Transfer, a Motion to

10 Compel Subpoena Duces Tecum (“Motion to Compel”), and a Motion for Sanctions on March 22,
11 2016;
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WHEREAS, Patrick Walsh and Bernard Eizen intend to join in the Motion to Transfer,

13 Motion to Compel, and Motion for Sanctions filed by the RAM Defendants;
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WHEREAS, the RAM Defendants, Farella Braun, and Plaintiffs in the underlying action

15 (“Plaintiffs”), have all agreed to a shortened briefing schedule to expedite resolution of the
16 disputes that are the subject of the Motion to Transfer and Motion to Compel;
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NOW THEREFORE, the parties to this stipulation, through their undersigned counsel of

18 record and subject to the Court’s approval, agree:
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1. Patrick Walsh and Bernard Eizen shall file their Notice of Joinder in the Motion

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to Transfer, Motion to Compel, and Motion for Sanctions on or before March

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25, 2016;

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2. Farella Braun shall file its opposition to the Motion to Transfer, and Motion to

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Compel on or before April 1, 2016;

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The RAM Defendants are currently litigating a case in the United States District Court for
the District of Delaware, in the action captioned The Hawk Mountain LLC, et al. v. RAM Capital
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Group, LLC, et al., C.A. No. 13-02083-SLR-SRF. On March 22, 2016, the RAM Defendants
27 filed multiple motions in the Northern District of California, stemming from a subpoena served on
Farella Braun in the underlying Hawk Mountain litigation on March 3, 2015.
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CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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3. Plaintiffs shall file their opposition to the Motion to Transfer, and Motion to
Compel, if any, on or before April 1, 2016;
4. The RAM Defendants, Patrick Walsh and Bernard Eizen shall file their reply in

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support of the Motion to Transfer, and Motion to Compel on or before April 6,

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2016;

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5. If Farella Braun and Plaintiffs file separate oppositions to the Motion to

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Transfer, Motion to Compel, and/or Motion for Sanctions, the RAM

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Defendants, Patrick Walsh and Bernard Eizen shall have the right (but not the

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obligation) to file a separate reply to each opposition;

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6. The parties to this stipulation consent to service by electronic mail of the
Motion to Transfer, Motion to Compel, and Motion for Sanctions.

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7. The parties consent to service of all papers in this action (including the above-

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referenced motions, opposition and reply papers) by electronic mail, and agree

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that such service shall constitute personal delivery by hand pursuant to Federal

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Rule of Civil Procedure 5(b)(2)(A).

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IT IS SO STIPULATED.

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CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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1 DATED: March 24, 2016

Respectfully submitted,

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QUINN EMANUEL URQUHART & SULLIVAN, LLP

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By

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/s/ Karin Kramer
Karin Kramer
[e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111
[phone]
[phone] facsimile

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Attorneys for Petitioners

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8 DATED: March 24, 2016
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Respectfully submitted,
FARELLA BRAUN + MARTEL LLP

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By

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/s/ Anthony Schoenberg
Anthony Schoenberg
[e-mail]
235 Montgomery Street
San Francisco, California 94104
[phone]
[phone] facsimile

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Attorneys for Respondent

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15 DATED: March 24, 2016

Respectfully submitted,

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LAW OFFICE OF ALLAN L. BRENNER

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By

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Attorney for Plaintiffs

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/s/ Allan L. Brenner
Allan L. Brenner
[e-mail]
536 West Penn Street – 2nd Floor
Long Beach, New York 11561
[phone]

DATED: March 24, 2016

Respectfully submitted,
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

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/s/ Thomas M. Monahan
Thomas M. Monahan
[e-mail]
30 Rockefeller Plaza
New York, New York 10112
[phone]

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Attorney for Patrick Walsh

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By

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CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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DATED: March 24, 2016

Respectfully submitted,
COZEN O’CONNOR, P.C.
By

/s/ Andrew M. Hutchison
Andrew M. Hutchison
[e-mail]
575 Market Street, Suite 2200
San Francisco, California 94105
(415)-593-9625
(415)-692-3514 facsimile
Attorney for Bernard Eizen

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CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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[PROPOSED] ORDER

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Based on the foregoing stipulation, and for good cause shown,

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IT IS HEREBY ORDERED that

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1. Patrick Walsh and Bernard Eizen shall file their Notice of Joinder in the Motion

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to Transfer, Motion to Compel, and Motion for Sanctions on or before March

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25, 2016;

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2. Farella Braun shall file its opposition to the Motion to Transfer, and Motion to
Compel on or before April 1, 2016;
3. Plaintiffs shall file their opposition to the Motion to Transfer, and Motion to
Compel, if any, on or before April 1, 2016;
4. The RAM Defendants, Patrick Walsh and Bernard Eizen shall file their reply in

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support of the Motion to Transfer, and Motion to Compel on or before April 6,

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2016;

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5. If Farella Braun and Plaintiffs file separate oppositions to the Motion to

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Transfer, Motion to Compel, and/or Motion for Sanctions, the RAM

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Defendants, Patrick Walsh and Bernard Eizen shall have the right (but not the

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obligation) to file a separate reply to each opposition;

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6. The parties to this stipulation shall accept electronic mail service of the Motion
to Transfer, Motion to Compel, and Motion for Sanctions;

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7. All papers in this action (including the above-referenced motions, opposition

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and reply papers) shall be permitted to be served by electronic mail, and such

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service shall constitute personal delivery by hand pursuant to Federal Rule of

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Civil Procedure 5(b)(2)(A).

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IT IS SO ORDERED.

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26 DATED: March 24, 2016
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________________________________________
Honorable Haywood S. Gilliam, Jr.
Laurel Beeler
United States District Judge
United States Magistrate Judge

CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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ATTESTATION
I, Karin Kramer, am the ECF user whose ID and password are being used to file this

3 Stipulation and [Proposed] Order.

In compliance with Civil L.R. 5-1(i)(3), I hereby attest that

4 Anthony Schoenberg, Allan L. Brenner, Thomas M. Monahan, and Andrew M. Hutchison have
5 concurred in this filing.
6 Dated: March 24, 2016
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/s/ Karin Kramer
Karin Kramer

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CASE NO. 16-MC-80068
STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME FOR BRIEFING ON THE MOTION TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA DUCES TECUM

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Karin Kramer (Cal. Bar No. 87346)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
[phone]
 [phone] facsimile
 Attorneys for Petitioners




UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA









SAN FRANCISCO DIVISION
RAYMOND A. MIRRA, JR., RAM
CAPITAL GROUP, LLC, D/B/A RAM
CONSULTING GROUP, LLC, RAM
CAPITAL GROUP II, LLC, RAM REALTY
HOLDINGS, LLC, JOSEPH A. TROILO, JR.,
BRUCE KOLLEDA, MARK A. KOVINSKY,
JOSEPH J. TROPIANO, JR., DANIELLE
STEWART, RENEE M. SIGLOCH,
FREDERICK FORTE, VIRGINIA L. HALL,
BARI KUO, and SHELLY DEMORA,




Petitioners,
v.

CASE NO. 16-mc-80068
DECLARATION OF KARIN KRAMER IN
SUPPORT OF STIPULATION AND
[PROPOSED] ORDER TO SHORTEN
TIME TO TRANSFER AND THE
MOTION TO COMPEL SUBPOENA
DUCES TECUM
Date:
TBD
Time: TBD
Place: Courtroom 10
Judge: Honorable Haywood S. Gilliam, Jr.

 FARELLA BRAUN + MARTEL, LLP,


Respondent.

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CASE NO. 16-MC-80068
KRAMER DECLARATION IN SUPPORT OF STIPULATION TO SHORTEN TIME

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I, Karin Kramer, declare as follows:

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1.

I am a member of the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 attorneys for the Petitioners in this miscellaneous matter and for the RAM Defendants (Raymond
4 A. Mirra, Jr., RAM Capital Group, LLC, RAM Capital Group II, LLC, RAM Realty Holdings,
5 LLC, Joseph A. Troilo, Jr., Bruce Kolleda, Mark A. Kovinsky, Joseph J. Tropiano, Jr., Danielle
6 Stewart, Renee M. Sigloch, Bari Kuo, Frederick Forte, Virginia L. Hall, and Shelly Demora) in
7 the action currently pending in the United States District Court for the District of Delaware,
8 captioned The Hawk Mountain LLC, et al. v. RAM Capital Group, LLC, et al., C.A. No. 13-020839 SLR-SRF. I am duly licensed to practice before this Court. The matters set forth herein are
10 within my personal knowledge and if called and sworn as a witness I could competently testify
11 regarding them.
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2.

I submit this declaration in support of the Stipulation to Shorten Time for Briefing

13 on the Motion to Transfer and the Motion to Compel Subpoena Duces Tecum. (If the Court grants
14 the Motion to Transfer, then it need make no ruling regarding the Motion to Compel. The parties
15 will address timing of that motion with the Magistrate assigned to hear discovery disputes for this
16 case in the District of Delaware.)
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3.

We are requesting this matter be heard on shortened time because the fact

18 discovery deadline in the underlying Delaware litigation has passed. The dispute that is at the
19 center of this motion practice concerns documents responsive to a Subpoena to Produce
20 Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, served
21 on Respondent Farella Braun + Martel LLP (“Farella Braun”) by the RAM Defendants on March
22 3, 2015. The parties need to have this dispute resolved expeditiously, so they can finally complete
23 discovery and proceed with other deadlines in the underlying litigation.
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4.

There have been no previous time modifications in this miscellaneous action.

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5.

The requested time modification would not affect the schedule for this action, as

26 there are no other deadlines in this case at this time apart from the deadlines associated with these
27 motions.
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CASE NO. 16-MC-80068
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KRAMER DECLARATION IN SUPPORT OF STIPULATION TO SHORTEN TIME

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I declare under penalty of perjury of the laws of the United States that the foregoing is true

2 and correct. Executed in San Francisco, California on March 24, 2016.
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/s/ Karin Kramer
Karin Kramer

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CASE NO. 16-MC-80068
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KRAMER DECLARATION IN SUPPORT OF STIPULATION TO SHORTEN TIME