Walnut Creek Manor, LLC v. Mayhew Center, LLC et al

Filing 259

ORDER re (19 in 4:10-cv-00527-CW), (258 in 4:07-cv-05664-CW) Granting Stipulation Continuing Status Conference. Status Conference set for 10/12/2010 02:00 PM. Signed by Judge Claudia Wilken on 8/11/2010. (ndr, COURT STAFF) (Filed on 8/11/2010)

1 Brian A. Kelly (SBN 124738) Christian P. Foote (SBN 240919) 2 DUANE MORRIS LLP One Market, Spear Tower, Suite 2200 3 San Francisco, CA 94105-1127 Telephone: [phone] Facsimile: 415.957.3001 E-Mail: [e-mail] [e-mail] 5 6 Attorneys for Plaintiff and Cross-Defendant WALNUT CREEK MANOR, LLC 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No. 4:07-CV-5664 CW STIPULATION AND ORDER CONTINUING STATUS CONFERENCE Judge: Hon. Claudia Wilken May 19, 2008

11 WALNUT CREEK MANOR, LLC, 12 13 v. Plaintiff,

14 MAYHEW CENTER, LLC, a California limited liability company; Dean Dunivan, an individual; 15 Etch-Tek, Inc., a former California corporation; and DOES 1-50, inclusive, 16 Defendants. 17 18 AND RELATED CROSS-ACTION. 19 __________________________________________ 20 AND RELATED CASE: 21 MAYHEW CENTER, LLC, and DEAN DUNIVAN, 22 Plaintiff, 23 v. 24 NORMA BEARD, 25 Defendant. 26 27 28

First Amended Complaint Filed:

Case No. 4:10-cv-0527 CW

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

1 2

STIPULATION WHEREAS, on April 22, 2010, the Court referred the parties in these two consolidated cases

3 to Magistrate Judge Spero for a settlement conference and set the cases for a status conference on 4 July 13, 2010; 5 6 WHEREAS, Magistrate Judge Spero noticed the settlement conference for June 21, 2010; WHEREAS, on the stipulation of the parties, Magistrate Judge Spero continued the

7 settlement conference to July 14, 2010, and the Court continued the status conference to July 27, 8 2010; 9 WHEREAS, at the conclusion of the settlement conference, Magistrate Judge Spero ordered

10 the parties to return for a further settlement conference if they are unable to finalize the specific 11 terms and conditions to effectuate an agreement before then; 12 WHEREAS, on July 16, 2010, Magistrate Judge Spero issued an order setting the further

13 settlement conference on August 23, 2010; 14 WHEREAS, on July 19, 2010, the Court referred the parties to the consolidated Mayhew

15 Center v. Beard action to Magistrate Judge Spero for a settlement conference; 16 WHEREAS, on the stipulation of the parties, Judge Wilken continued the status conference

17 in the two consolidated cases to September 21, 2010. 18 WHEREAS, lead counsel for Plaintiff and Cross-Defendant Walnut Creek Manor, LLC has a

19 long-standing business beginning on September 20, 2010, and will not return until October 4, 2010, 20 which was overlooked at the time of the parties' prior stipulation. 21 IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, subject to

22 approval of the Court, that the status conference in the two consolidated cases is continued to 23 October 12, 2010 at 2:00 p.m. 24 IT IS SO STIPULATED. DUANE MORRIS LLP /s/ Brian A. Kelly Brian A. Kelly Attorneys for Plaintiff and Cross-Defendant WALNUT CREEK MANOR, LLC 1
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

25 Dated: August 9, 2010 26 27 28

1 Dated: August 9, 2010 2 3 4 5 6 Dated: August 9, 2010 7 8 9 10 11 12

HOWREY LLP /s/ Aaron Myers Aaron Myers Attorneys for Defendant and Cross-Complainant MAYHEW CENTER LLC and DEAN DUNIVAN COOPER WHITE & COOPER LLP /s/ Edward L. Seidel Edward L. Seidel Attorneys for Defendant NORMA BEARD

ORDER Upon the stipulation of the parties, and good cause appearing, the status conference presently

13 set for September 21, 2010, is continued to October 12, 2010, at 2:00 p.m. 14 15 16 Dated: 8/11/2010 17 18 19 20 21 22 23 24 25 26 27 28 2
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

IT IS SO ORDERED.

The Honorable Claudia Wilken United States District Court