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

Filing 275

ORDER Granting re 274 Stipulation FOR REMOVAL OF DECEMBER 7, 2010 STATUS CONFERENCE FROM CALENDAR. Signed by Judge Claudia Wilken on 11/30/2010. (ndr, COURT STAFF) (Filed on 11/30/2010)

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] 5 [e-mail] 6 Attorneys for Plaintiff and Cross-Defendant WALNUT CREEK MANOR, LLC 7 Aaron Myers (SBN 200145) 8 HOWREY LLP 525 Market Street, Suite 3600 9 San Francisco, California 94105-2708 10 Telephone: [phone] Facsimile: [phone] 11 [e-mail] 12 Attorneys for Defendants and Cross-Claimants 13 MAYHEW CENTER, LLC and DEAN DUNIVAN 14 Edward L. Seidel COOPER, WHITE & COOPER LLP 15 201 California St., 17th Fl. San Francisco, CA 94111 16 Tel: [phone] Fax: [phone] Attorneys for NORMA BEARD 18 19 20 21 22 WALNUT CREEK MANOR, LLC, 23 24 v. Plaintiff, Case No. C 07 5664 CW [Related Case no. C-10-00527-CW] STIPULATION AND ORDER FOR REMOVAL OF DECEMBER 7, 2010 STATUS CONFERENCE FROM CALENDAR IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

25 MAYHEW CENTER, LLC, a California limited liability company; Dean Dunivan, an individual; 26 Etch-Tek, Inc., a former California corporation; and DOES 1-50, inclusive, 27 Defendants. 28
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STIPULATION AND [PROPOSED] ORDER RE: DECEMBER 7, 2010 STATUS CONFERENCE

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MAYHEW CENTER, LLC, a California limited 2 liability company; and DEAN DUNIVAN, an individual, 3 Cross-Claimants, 4 v. 5 WALNUT CREEK MANOR, LLC, 6 Cross-Defendant. 7 8 9 10

Judge:

Hon. Claudia Wilken May 19, 2008

First Amended Complaint Filed:

STIPULATION Plaintiff/Cross-Defendant Walnut Creek Manor LLC ("WCM"), Defendants/Cross-

11 Complainants Mayhew Center LLC and Dean Dunivan (collectively, "MC"), and Norma Beard, 12 stipulate as follows: 13 WHEREAS, a Status Conference is currently scheduled for December 7, 2010 at 2pm,

14 pursuant to the Clerk's Notice dated October 8, 2010 [docket no. 267]; 15 WHEREAS, on November 23, 2010, the Court signed the Injunction Order Against Mayhew

16 Center LLC, And Dean Dunivan With Respect To Cleanup/Abatement Of The MC/WCM Properties 17 [docket no. 273]; 18 WHEREAS, the Court's Injunction Order and the parties' accompanying Stipulation resolve

19 all outstanding issues that remained to be adjudicated in this action; 20 21 WHEREAS, the parties wish to avoid unnecessary litigation costs; IT IS HEREBY STIPULATED that WCM, by and through its attorney of record Duane

22 Morris, LLP; MC, by and through its attorney of record Howrey LLP; and Norma Beard, by and 23 through her attorney of record Cooper, White and Cooper, agree to the following: 24 1. The Status Conference, currently scheduled for December 7, 2010, shall be removed

25 from the calendar. 26 /// 27 /// 28 ///
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STIPULATION AND [PROPOSED] ORDER RE: DECEMBER 7, 2010 STATUS CONFERENCE

1 Dated: November 24, 2010 2 3 4 5 6 Dated: November 24, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DUANE MORRIS LLP /s/ Brian Kelly Brian A. Kelly Attorneys for Plaintiff and Cross-Defendant WALNUT CREEK MANOR, LLC HOWREY LLP /s/ Aaron Myers Aaron Myers Attorneys for Defendant and Cross-Complainant MAYHEW CENTER LLC and DEAN DUNIVAN COOPER, WHITE & COOPER LLP

Dated: November 24, 2010

/s/ Ed Seidel Edward Seidel Attorney for Norma Beard

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STIPULATION AND [PROPOSED] ORDER RE: DECEMBER 7, 2010 STATUS CONFERENCE

1 2 3 4 ORDER Pursuant to the above stipulation, and good cause appearing therefore, IT IS SO ORDERED. __ Hon. Claudia Wilken Judge of the United States District Court

5 Dated: 11/30/2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER RE: DECEMBER 7, 2010 STATUS CONFERENCE