Andersen Tax LLC v. Laffont-Reveilhac et al

Filing 45

STIPULATION AND ORDER re 43 STIPULATION WITH PROPOSED ORDER filed by Arthur Andersen & Co., SAS. Signed by Judge Edward M. Chen on 7/31/17. (bpfS, COURT STAFF) (Filed on 7/31/2017)

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Frederick K. Koenen (SBN124555)
Reed E. Harvey (SBN 161318)
SCHINNER & SHAIN, LLP
96 Jessie Street
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
[e-mail] [e-mail]

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Attorneys for Defendant,
ARTHUR ANDERSEN & CO.,
a Societe par Actions Simplifiees under the laws of France

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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ANDERSEN TAX LLC, a Delaware limited
liability company

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Case No. 17-CV-01311
STIPULATED REQUEST AND
[PROPOSED] ORDER EXTENDING
TIME TO FILE AMENDED ANSWER

Plaintiff,
v.
STEPHANE LAFFONT-REVEILHAC, an
individual; VERONIQUE MARTINEZ; an
individual; ARTHUR ANDERSEN & CO.,
SAS, a Societe par Actions Simplifiee under
the laws of France; and MOHALA
ENTERPRISES, LLC D/B/A SUNDIAL
CONSULTING, a California limited liability
Company.

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Defendants.

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)

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Pursuant to United States District Court, Northern District of California Local Rules 6-1

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and 6-2, and as supported by the Declaration of Reed E. Harvey filed herewith, ANDERSEN

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TAX LLC, a Delaware limited liability company (“Andersen Tax LLC”) and ARTHUR

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ANDERSEN & CO., SAS, a Societe par Actions Simplifiee (“Arthur Andersen”) through their

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undersigned counsel, hereby stipulate and respectfully request an extension of time for Arthur

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Andersen to file an amended answer in this action by 20 days.

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WHEREAS, by order dated June 16, 2017, Judge Edward M. Chen ordered Arthur

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Andersen to obtain counsel and file an amended Answer by July 31, 2017 pursuant to an Order

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Granting in Part and Denying in Part Plaintiff’s Motion to Strike Defendant’s Answer;

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WHEREAS, Arthur Andersen retained its counsel, Reed E. Harvey and Frederick K.

96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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Koenen of SCHINNER & SHAIN, LLP, 96 Jessie Street, San Francisco, CA 94105 on July 28,

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2017;

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WHEREAS, the Parties are in agreement that the Court should enlarge time for Arthur
Andersen to file an amended answer to Plaintiff’s complaint.
NOW, THEREFORE, pursuant to Local Rule 6-2, the parties through their respective

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counsels stipulate to the Court’s entry of an Order granting Arthur Andersen an extension of time

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to and including on August 17, 2017 in which to file an amended answer to the complaint filed in

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this action.

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IT IS SO STIPULATED,

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DATED: July 31, 2017

SCHINNER & SHAIN, LLP

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_____________/s/_______________
Reed E. Harvey
Attorneys for Defendant
ARTHUR ANDERSEN & CO.,
SAS, a Societe par Actions Simplifiee
under the laws of France

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_____________/s/______________
Chantal Z. Hwang
Attorneys for Plaintiff
ANDERSEN TAX LLC, a Delaware limited
liability company

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)

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ATTESTATION FOR SIGNATURE

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Pursuant to Civil L.R. 5-1(i)(3) regarding signatures, I attest under penalty of perjury

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that concurrence in the filing of this document has been obtained from the other signatories.

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DATED: July 31, 2017

____________/s/________________
REED E. HARVEY

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96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)

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should file its Amended Answer by August 17, 2017.

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96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

S

O

IT IS S

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en

d M. Ch

dwar
Judge E

ER

H

Schinner & Shain, LLP

RT

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EDWARD M. CHEN
United States DistrictED
ORDER Judge

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UNIT
ED

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RT
U
O

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DATED: July ___, 2017

S DISTRICT
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C
TA
______________________________

R NIA

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED, that Arthur Andersen

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good cause shown,

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Having considered the parties’ Stipulated Request for an Order Changing Time, and for

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[PROPOSED] ORDER

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F
D IS T IC T O
R

C

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)

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Frederick K. Koenen (SBN124555)
Reed E. Harvey (SBN 161318)
SCHINNER & SHAIN, LLP
96 Jessie Street
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
[e-mail] [e-mail]

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Attorneys for Defendant,
ARTHUR ANDERSEN & CO.,
a Societe par Actions Simplifiees under the laws of France

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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ANDERSEN TAX LLC, a Delaware limited
liability company

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Case No. 17-CV-01311
DECLARATION OF REED E. HARVEY
IN SUPPORT OF STIPULATED
REQUEST AND [PROPOSED] ORDER
EXTENDING TIME TO FILE AMENDED
ANSWER

Plaintiff,
v.
STEPHANE LAFFONT-REVEILHAC, an
individual; VERONIQUE MARTINEZ; an
individual; ARTHUR ANDERSEN & CO.,
SAS, a Societe par Actions Simplifiee under
the laws of France; and MOHALA
ENTERPRISES, LLC D/B/A SUNDIAL
CONSULTING, a California limited liability
Company.

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Defendants.

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DECL. HARVEY ISO STIPULATED & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED
ANSWER (USDC Case No. 17-CV-01311)

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I, Reed E. Harvey, declare:
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I am an attorney duly licensed to practice law in the State of California and

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admitted to practice before this Court. I am an attorney with Schinner & Shain, LLP, which is

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counsel for defendant ARTHUR ANDERSEN & CO., SAS, a Societe par Actions Simplifiee

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(“Arthur Andersen”). I have personal knowledge of each fact stated in this declaration, except

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for ones stated on information and belief, and would offer competent testimony as to the matters

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herein if called to do so.

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2.

Plaintiff ANDERSEN TAX LLC, a Delaware limited liability company

(“Andersen Tax LLC”) and defendant Arthur Anderson through their respective counsel of

96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

record are stipulating to the entry of an order pursuant to which request is made that the Court

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Schinner & Shain, LLP

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extend the time in which Arthur Anderson may file an Amended Answer in this case from July

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31, 2017 to August 17, 2017.

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3.

The request is made for good cause in that Arthur Anderson engaged Schinner &

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Shain, LLP to represent them in this action in the afternoon of July 28, 2017. We are acting

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diligently in this matter, however, we will be unable to file an amended answer by July 31, 2017

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and request that the stipulated Order be entered by the Court. Our client is a French entity and

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our client’s representatives are all located in France. As a result of our retention and the

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immediate need to obtain the requested extension we not have yet had time to discuss the

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substance of this litigation with our client or conduct a thorough review of the complaint, its

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allegations and legal theories.

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4.

In reviewing the docket for this case, it appears that there were two previous

modification of time in this case:
a. By Order filed May 30, 2017 this Court (1) extended the last day for the

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parties to meet and confer under confer under Fed. R. Civ. P. 26(f) from May

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25, 2017 to June 26, 2017; (2) extended the last day for the parties to file the

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Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f)

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Report, and file the Joint Case Management Statement from June 8, 2017 to

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DECL. HARVEY ISO STIPULATED & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED
ANSWER (USDC Case No. 17-CV-01311)

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July 20, 2017; and (3) continued the Initial Case Management Conference

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previously set for June 15, 2017 at 9:30a.m to July 27, 2017 at 9:30 a.m.

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b. By Minute Order Dated June 16, 2017, the Court order an extension of the due

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date for the Case Management Statement to August 31, 2017 and the initial

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Case Management Conference was rescheduled from July 27, 2017 to

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September 7, 2017 at 9:30 a.m.

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5.

Arthur Andersen believes that it will be able to comply with these dates and that

there should be no need for an additional extension of time.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 31st day of July, 2017, at San Francisco, California.

96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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s/Reed E. Harvey
Reed E. Harvey

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DECL. HARVEY ISO STIPULATED & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED
ANSWER (USDC Case No. 17-CV-01311)

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CERTIFICATE OF SERVICE
I am a citizen of the United States and a resident of the State of California,
over the age of eighteen years, and not a party to the within action. My business address is
SCHINNER & SHAIN LLP. 96 Jessie Street, San Francisco, CA 94105.

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96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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On July 31, 2017, I served the following document(s) by the method indicated
below:

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STIPULATED REQUEST AND [PROPOSED] ORDER
EXTENDING TIME TO FILE AMENDED ANSWER
DECLARATION OF REED HARVEY

X ECF SYSTEM
By filing the document(s) listed above on the Court’s Electronic Case Filing System. I
am informed and believe that the documents will be electronically served on all
individuals registered with such system. For individuals not registered with the ECF
system, I have placed the document(s) listed above in a sealed envelope with postage
thereon fully prepaid, in the United States mail at San Francisco, California addressed
as set forth below for delivery. I am readily familiar with the firm’s practice of
collection and processing of correspondence for mailing. Under that practice, it would
be deposited with the U.S. Postal Service on that same day with postage thereon fully
prepaid in the ordinary course of business.
SEE ATTACHED SERVICE LIST
I declare under penalty of perjury under the laws of the State of California that
the above is true and correct. Executed on July 31, 2017, at San Francisco, California.

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_s/Alice Duclos_______________________
Alice Duclos

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)

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96 Jessie Street
San Francisco, CA 94105
[phone] tel. [phone] fax

Schinner & Shain, LLP

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SERVICE LIST
JOHN W. CRITTENDEN (SBN 101634)
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]
[e-mail]

VIA ECF System

CHANTAL Z. HWANG (SBN 275236)
COOLEY LLP
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone: [phone]
Facsimile: [phone]
[e-mail]

VIA ECF System

STÉPHANE LAFFONT-RÉVEILHAC
Château Saint Thamar
46120 Terrou
FRANCE
[e-mail]

VIA ECF System

VÉRONIQUE MARTINEZ
4 Rue Bayard
75008 Paris
FRANCE
[e-mail]

VIA ECF System

MOHALA ENTERPRISES, LLC D/B/A SUNDIAL
CONSULTING
c/o Northwest Registered Agent, Inc.
906 W 2nd Ave, Suite 100
Spokane, WA 99201
[e-mail]

VIA ECF System

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STIPULATED REQUEST & [PROPOSED] ORDER EXTENDING TIME TO FILE AMENDED ANSWER
(USDC Case No. 17-CV-01311)