Rising Tide I, LLC et al v. Fitzsimmons et al

Filing 12

STIPULATION AND ORDER re: 11 STIPULATION WITH PROPOSED ORDER: Motions Hearing set for 7/25/2017 at 10:00 AM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Oppositions due 6/16/2017; Replies due 7/7/2017 . Defendant answer to complaint extended to 5/19/2017; Initial Case Management Conference continued from 5/23/2017 to 7/25/2017 10:00 AM in Courtroom E, 15th Floor, San Francisco. Case Management Statement due by 7/18/2017. Signed by Judge Elizabeth D. Laporte on 4/5/2017. (afmS, COURT STAFF) (Filed on 4/5/2017)

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SEYFARTH SHAW LLP
Gregory A. Markel (Bar No. GM 5626)
[e-mail]
Heather E. Murray (NY Bar No. 5287099)
[e-mail]
[Pro hac vice to be submitted]
620 Eighth Avenue
New York, New York 10018
Telephone:
[phone]
Facsimile:
[phone]

COBLENTZ PATCH DUFFY & BASS LLP
Rees F. Morgan (SBN 229899)
[e-mail]
Andrew Schalkwyk (SBN 287170)
[e-mail]
One Montgomery Street, Suite 3000
San Francisco, California 94104-5500
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
RISING TIDE I, LLC and RISING TIDE II,
LLC

SEYFARTH SHAW LLP
Giovanna A. Ferrari (SBN 229871)
[e-mail]
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
MICHAEL R. FITZSIMMONS, PETER LAI,
CHRISTOPHER G. POWER, PETER J.
GOETNER, CHRISTIAN BORCHER,
ERNEST D. DEL, MARC S. YI, JAMES C.
PETERS, SOUHEIL S. BADRAN

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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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RISING TIDE I, LLC; RISING TIDE II, LLC, )
)
Plaintiffs,
)
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v.
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)
MICHAEL R. FITZSIMMONS, PETER LAI, )
CHRIS G. POWER, PETER J. GOETTNER, )
CHRISTIAN BORCHER, ERNEST D. DEL, )
MARC S. YI, JAMES C. PETERS, SOUHEIL )
S. BADRAN; and DAVID COWAN,
)
)
Defendants.
)
)
)
)
)

Case No. 17-cv-1232 EDL
[Related Case No. 17-cv-00851 EDL]
JOINT STIPULATION TO: (1)
EXTEND TIME IN WHICH TO FILE
RESPONSIVE PLEADING, (2)
EXTEND BRIEFING SCHEDULE ON
MOTION TO DISMISS, AND (3) TO
CONTINUE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 4:17-cv-1232 EDL

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Pursuant to Fed. R. Civ. P. 6(b)(1) and Civil L.R. 6-1, 6-2, and 7-12, the parties to the

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above-entitled action, by and through their undersigned counsel, hereby stipulate and agree as

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follows:

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WHEREAS, on March 8, 2017, Plaintiffs filed their Complaint against Defendants (the
“Complaint”);

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WHEREAS, on March 9, 2017, the Court issued its Initial Case Management Scheduling

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Order with ADR Deadlines, setting an initial Case Management Conference (“CMC”) for June 6,

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2017;

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WHEREAS, on March 15, 2017, the Court entered its order relating this case to the case

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entitled John E. Abdo, et al. v. Michael Fitzsimmons, et al, filed in this Court and bearing Case

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Number 3:17-cv-00851 EDL (the “Related Case”) (Dkt. 9);

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WHEREAS, nine out of the ten Defendants in this action are also named defendants in
the Related Case, (Related Case Dkt. 1);

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WHEREAS, Defendants have been served with the summons and Complaint;

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WHEREAS, the parties have met and conferred in good faith, and have agreed to

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stipulate under Civil L.R. 6-1(a) and (b) to a filing and briefing schedule for Defendants’

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response to the Complaint as set forth below;

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WHEREAS, because of the complexity of the issues raised in this case and the Related

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Case, and the right of each individual Defendant in this case and the Related Case to litigate his

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or her individual defenses to the claims asserted in this case and the Related Case, counsel for

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Defendants—while cognizant of the overlapping factual and legal issues—anticipates submitting

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multiple responsive pleadings to address individual issues and defenses in both this case and the

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Related Case (Declaration of Giovanna Ferrari (“Ferrari Decl.”) ¶ 3, filed concurrently herewith);

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WHEREAS, extending the deadline for filing a response to the Complaint and for any

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subsequent briefing necessitated by Defendants’ response to the Complaint will allow for a more

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complete and orderly presentation of the individual and overlapping complex legal and factual

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issues the Court will need to resolve, and the schedule proposed aligns the schedule proposed for

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this action with the schedule proposed in the Related Case, (Id. ¶ 4);
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Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 4:17-cv-1232 EDL

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WHEREAS, the parties, in the interest of judicial economy and efficiency, wish to avoid

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the unnecessary expenditure of judicial resources and costs associated with the parties’

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appearance at the currently scheduled Initial CMC, before the parties have had an opportunity

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meaningfully to evaluate and address any issues raised by Defendants’ response to the Complaint

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(Id. ¶ 5); and

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WHEREAS, neither party has previously sought any time modification in the case,

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whether by stipulation or Court order, and, other than the parties’ request that the Court continue

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the currently scheduled Initial CMC, the requested time modifications will have no effect on the

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schedule for the case (Id. ¶ 6);

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NOW THEREFOR, the parties hereby stipulate and agree that:

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(1)

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Defendants shall have an extension of time, up to and including, May 19, 2017, in
which to answer, move, or otherwise respond to the Complaint; and

(2)

Defendants shall notice any and all responsive motion(s) for hearing on July 25,

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2017, or the first available date thereafter, convenient for the Court on which the

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Court may hear any such motion(s); and

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(3)

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Plaintiffs shall file their opposition to any responsive motion(s) filed by
Defendants on or before June 16, 2017; and

(4)

Defendants shall file their reply in support of any responsive motion(s) on or
before July 7, 2017

The Parties FURTHER STIPULATE AND AGREE and respectfully request that the

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Court continue the currently scheduled Initial CMC to July 25, 2017, to coincide with the

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hearing on any responsive motion(s) filed by Defendants, or the first date that is convenient for

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the Court thereafter.

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IT IS SO STIPULATED.

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Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 4:17-cv-1232 EDL

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DATED: April 4, 2017

COBLENTZ PATCH DUFFY & BASS LLP

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By

/s/ Rees F. Morgan
Rees F. Morgan
Andrew Schalkwyk

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Attorneys for Plaintiffs

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DATED: April 4, 2017

SEYFARTH SHAW LLP

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By

/s/ Aaron Belzer
Giovanna A. Ferrari
Gregory A. Markel
Heather E. Murray

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Attorneys for Defendants
MICHAEL R. FITZSIMMONS, PETER LAI,
CHRISTOPHER G. POWER, PETER J.
GOETNER, CHRISTIAN BORCHER,
ERNEST D. DEL, MARC S. YI, JAMES C.
PETERS, SOUHEIL S. BADRAN

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ROPES & GRAY LLP

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By
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Rocky C. Tsai
Attorneys for Defendant
DAVID COWAN

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/s/ Rocky C. Tsai

Filer’s attestation: Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, Aaron Belzer hereby
attests that concurrence in the filing of this document has been obtained from each of the other
signatories.

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Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 4:17-cv-1232 EDL

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[PROPOSED] ORDER
Having reviewed the Stipulation of the parties and their attorneys of record, and good
cause appearing therefor:
IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation:
(1)

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which to answer, move, or otherwise respond to the Complaint; and
(2)

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and
(3)

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(4)

Defendants shall file their reply in support of any responsive motion on or before
July 7, 2017; and

(5)

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Plaintiffs shall file their opposition to any responsive motion filed by Defendants
on or before June 16, 2017; and

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Defendants shall notice any responsive motion for hearing on July 25, 2017, or
the first available date thereafter on which the Court may hear any such motion;

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Defendants shall have an extension of time, up to and including, May 19, 2017, in

The Case Management Conference currently set for May 23, 2017 shall be
continued to July 25, 2017.

IT IS SO ORDERED

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April 5
DATED: _________________, 2017
HON. ELIZABETH D. LAPORTE
UNITED STATES MAGISTRATE JUDGE

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38370074v.3

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Joint Stipulation and [Proposed] Order to Extend Time to Respond to Complaint, Set Briefing Schedule, and To
Continue Case Management Conference; Case No.: 4:17-cv-1232 EDL