Matsunoki Group Inc v. Timberwork Oregon Inc et al

Filing 62

ORDER re 60 granting Joint Stipulation to Continue Mediation Deadline. Signed by Judge Claudia Wilken on 5/8/09. (scc, COURT STAFF) (Filed on 5/8/2009)

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JULIAN J. PARDINI, SB# 133878 ALAN J. HAUS, SB# 111556 ROWENA C. SETO, SB# 235103 LEWIS BRISBOIS BISGAARD & SMITH LLP One Sansome Street, Suite 1400 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for TIMBERWORK, INC. (erroneously sued as "TIMBERWORK OREGON, INC."), JOAN L. SHUELL and EARL BLONDHEIM UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

MATSUNOKI GROUP, INC. dba HAIKU ) HOUSES, ) ) ) 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. ) )

CASE NO. CV 08 4078 CW JOINT STIPULATION TO CONTINUE MEDIATION DEADLINE; ORDER Hon. Claudia Wilken

Action Filed: 8/25/08

Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES (hereinafter "Plaintiff") and Defendants TIMBERWORK OREGON, INC., TIMBERWORK, INC., (erroneously sued as "TIMBERWORK OREGON, INC."), EARL MAURY BLONDHEIM, DON PAUL, and ILENE ENGLISH-PAUL (collectively, "Defendants") (Plaintiff and Defendants are hereinafter referred to, collectively, as "the Parties"), by and through their respective counsel agree and stipulate as follows: RECITALS 1. The Court previously ordered that the Parties complete mediation by

March 13, 2009, or as soon thereafter as was convenient to the mediator's schedule.
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE CASE NO. CV-08-04078

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2.

The Court has appointed Mark LeHocky to act as mediator, and the Parties

and Mr. LeHocky initially scheduled mediation to take place on March 25, 2009. 3. Thereafter, due to discovery issues and a pending protective order, the Parties

stipulated to extend the deadline for Plaintiff and Defendants to engage in mediation to May 29, 2009, or as soon thereafter as the schedules of the Parties, their respective counsel, and Mr. LeHocky, would allow. The Parties scheduled mediation to take place on June 1, 2009. 4. On March 27, 2009, Timberwork, Inc. noticed the depositions of Plaintiff's

corporate officer, Charla Honea, and its Person Most Knowledgeable, to take place on April 13 and 14, 2009, respectively. The notice provided that the depositions would take place in San Francisco, California. 5. On March 31, 2009, Plaintiff's counsel objected to the location, claiming that

the depositions should take place in Nashville, Tennessee, Plaintiff's principal place of business. After discussions with Plaintiff's counsel, Timberwork's counsel agreed to travel to Nashville, Tennessee to conduct these depositions. 6. On April 30, 2009, Plaintiff's counsel advised that their clients are not

available for deposition until June 3, 2009, in Nashville, Tennessee. THEREFORE, the Parties hereby stipulate as follows: STIPULATION Based on the foregoing recitals, 1. 2. That the mediation presently scheduled for June 1, 2009, be continued; and That the Court extend the deadline for Plaintiff and Defendants to engage in

mediation to July 6, 2009, or as soon thereafter as the schedules of the Parties, their respective counsel, and Mr. LeHocky, will allow. IT IS SO STIPULATED.

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE CASE NO. CV-08-04078

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Respectfully submitted, DATED: May ___, 2009 LEWIS BRISBOIS BISGAARD & SMITH LLP

By

Julian J. Pardini Alan J. Haus Rowena C. Seto Attorneys for Defendants TIMBERWORK, INC.(erroneously sued as "TIMBERWORK OREGON, INC.") and EARL MAURY BLONDHEIM

DATED: May ___, 2009

GORDON & REESE LLP

By

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

DATED: May ___, 2009

DONAHUE GALLAGHER WOODS LLP

By

John C. Kirke Andrew S. Mackay Jocelyn M Belloni Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL

MEDIATOR'S CONCURRENCE I concur in the above stipulation.

DATED: May ___, 2009

Mark LeHocky Mediator

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE CASE NO. CV-08-04078

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ORDER Based on the foregoing stipulation of the Parties and the Mediator's concurrence, THE COURT HEREBY ORDERS AND DECREES that the mediation scheduled in this action to take place on June 1, 2009, be and hereby is CONTINUED, and, further, THE COURT HEREBY ORDERS AND DECREES that the deadline for the Parties to engage in mediation be and here is EXTENDED to July 6, 2009, or as soon thereafter as the schedules of the Parties, their respective counsel, and the Mediator, will allow. IT IS SO ORDERED.

Dated: May 8, 2009

___________________________________ Claudia Wilken United States District Judge Northern District of California

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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE CASE NO. CV-08-04078