Matsunoki Group Inc v. Timberwork Oregon Inc et al

Filing 52

ORDER re 51 granting STIPULATION To Continue Mediation Date and Extend Mediation Deadline; Mediator's Concurrence. Signed by Judge Claudia Wilken on 3/17/09. (scc, COURT STAFF) (Filed on 3/17/2009)

1 JULIAN J. PARDINI, ESQ. SB# 133878 2 ALAN J. HAUS, ESQ. SB# 111556
E-Mail: [e-mail] E-Mail: [e-mail]

3 LEWIS BRISBOIS BISGAARD & SMITH LLP 4 San Francisco, California 94104 5 Facsimile: [phone]
Telephone: [phone] One Sansome Street, Suite 1400

6 Attorneys for TIMBERWORK, INC. 8 9 10
LEWIS BRISBOIS BISGAARD & SMITH LLP

7 JOAN L. SHUELL and EARL BLONDHEIM

(erroneously sued as "TIMBERWORK OREGON, INC."),

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) Plaintiff, ) ) v. ) ) ) TIMBERWORK OREGON, INC.; TIMBERWORK, INC.; JOAN L. SHUELL; ) ) EARL MAURY BLONDHEIM; DON ) PAUL; ILENE ENGLISH-PAUL; and ) DOES 1 through 10, inclusive, ) ) Defendants. ) ) HOUSES,

11 MATSUNOKI GROUP, INC. dba HAIKU ) CASE NO. CV 08 4078 CW
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12 13 14 15 16 17 18 19 20

The Honorable Claudia Wilken, Judge STIPULATION TO CONTINUE MEDIATION DATE AND EXTEND MEDIATION DEADLINE; MEDIATOR'S CONCURRENCE; ORDER

Action Filed: 8/25/08

Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES (hereinafter

21 "Plaintiff") and Defendants TIMBERWORK OREGON, INC., TIMBERWORK, INC., 22 (erroneously sued as "TIMBERWORK OREGON, INC."), JOAN L. SHUELL, EARL 23 MAURY BLONDHEIM, DON PAUL, and ILENE ENGLISH-PAUL (collectively, 24 "Defendants") (Plaintiff and Defendants are referred to, collectively, hereinafter as 25 "the Parties"), by and through their respective counsel agree and stipulate as follows: 26 / / / 27 / / / 28 / / /
4813-0015-2835.1

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STIPULATION TO CONTINUE MEDIATION AND EXTEND DEADLINE TO COMPLETE MEDIATION; MEDIATOR'S CONCURRENCE; [PROPOSED] ORDER

1 2
1.

RECITALS Whereas Plaintiff previously produced voluminous documents and has

3 recently produced several hundred additional pages of documents responsive to 4 Defendants' Request for Production of Documents; 5 7
2. Whereas Defendants are still collecting documents for production in

6 response to Plaintiff's Request for Production of Documents;
3. Whereas the Parties are negotiating in good faith with respect to a

8 stipulated protective order so as to protect trade secrets and other propriety information 9 belonging to each and the Parties anticipate that upon execution and entry of said 10 protective order the Parties will produce additional documents;
LEWIS BRISBOIS BISGAARD & SMITH LLP

11
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

4.

Whereas the Parties' respective counsel must review all documents prior

12 to mediation to optimize the prospects for settlement at mediation; 13
5. Whereas various persons with decision-making authority have advised that

14 they wish to participate in the mediation of this litigation but are not available for 15 mediation as presently scheduled, and their participation will optimize the prospects for 16 settlement at mediation; 17
6. Whereas the Parties have in good faith engaged in discovery, including

18 depositions, thus far so as to explore only the issue of the propriety of the Court's 19 exercising personal jurisdiction over certain individual Defendants, and believe additional 20 depositions are necessary so as to fully evaluate the issues presented in this case and to 21 optimize the prospects for settlement at mediation; 22 23 25 26 28
7. 8. Whereas there is pending a motion to dismiss certain Defendants; Whereas the Court ordered that the Parties complete mediation by

24 March 13, 2009, or as soon thereafter as is convenient to the mediator's schedule;
9. 10. Whereas the Court appointed Mark LeHocky to act as mediator; and Whereas the Parties and Mr. LeHocky initially scheduled mediation to

27 take place on March 25, 2009;
THEREFORE, the Parties hereby stipulate as follows:
4813-0015-2835.1

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STIPULATION TO CONTINUE MEDIATION AND EXTEND DEADLINE TO COMPLETE MEDIATION; MEDIATOR'S CONCURRENCE; [PROPOSED] ORDER

1 2 3 4 and 5
2. 1.

STIPULATION Based on the foregoing recitals, That the mediation presently scheduled for March 25, 2009, be continued;

That the Court extend the deadline for Plaintiff and Defendants to engage

6 in mediation to May 29, 2009, or as soon thereafter as the schedules of the Parties, their 7 respective counsel, and Mr. LeHocky, will allow. 8 9 10 Dated: March __, 2009
LEWIS BRISBOIS BISGAARD & SMITH LLP

IT IS SO STIPULATED.

GORDON & REES LLP

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ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

12 13 14 15 16 Dated: March __, 2009 17 18 19 20 21 22 Dated: March __, 2009 23 24 25 26 27 28 / / /
4813-0015-2835.1

By____/s/_____________________________ Richard P. Sybert Lindsay J. Hulley Attorneys for Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES

DONAHUE GALLAGHER WOODS LLP

By_____/s/____________________________ John C. Kirke Andrew S. Mackay Jocelyn M Belloni Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL LEWIS BRISBOIS BISGAARD & SMITH LLP

By________/s/_________________________ Julian J. Pardini Alan J. Haus Attorneys for Defendants TIMBERWORK, INC.(erroneously sued as "TIMBERWORK OREGON, INC."), JOAN L. SHUELL and EARL BLONDHEIM

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STIPULATION TO CONTINUE MEDIATION AND EXTEND DEADLINE TO COMPLETE MEDIATION; MEDIATOR'S CONCURRENCE; [PROPOSED] ORDER

1 2 3 4 Dated: March __, 2009 5 6 7 8 9

MEDIATOR'S CONCURRENCE I concur in the above stipulation.

_/s/___________________________ Mark LeHocky Mediator

ORDER Based on the foregoing stipulation of the Parties and the Mediator's concurrence, THE COURT HEREBY ORDERS AND DECREES that the mediation

10 scheduled in this action to take place on March 25, 2009, be and hereby is CONTINUED,
LEWIS BRISBOIS BISGAARD & SMITH LLP

11 and, further,
ONE SANSOME STREET, SUITE 1400 SAN FRANCISCO, CALIFORNIA 94104 TELEPHONE [phone]

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THE COURT HEREBY ORDERS AND DECREES that the deadline for

13 the Parties to engage in mediation be and here is EXTENDED to May 29, 2009, or as soon 14 thereafter as the schedules of the Parties, their respective counsel, and the Mediator, will 1 5 allow. 16 17 18 Dated: March 17, 2009 19 20 21 22 23 24 25 26 27 28
4813-0015-2835.1

IT IS SO ORDERED.

___________________________________ Claudia Wilken United States District Judge Northern District of California

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STIPULATION TO CONTINUE MEDIATION AND EXTEND DEADLINE TO COMPLETE MEDIATION; MEDIATOR'S CONCURRENCE; [PROPOSED] ORDER