Matsunoki Group Inc v. Timberwork Oregon Inc et al

Filing 66

ORDER granting re 65 Stipulation To Continue Mediation Date and Extend Mediation Deadline (mediation shall occur on 12/7/09), filed by Matsunoki Group Inc, Don Paul, Earl Maury Blondheim, Timberwork Inc, Ilene English-Paul. Signed by Judge Claudia Wilken on 9/14/09. (fj, COURT STAFF) (Filed on 9/15/2009)

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STIPULATION AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW

Richard P. Sybert, Bar No. 080731 [e-mail] m GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, California 94111 tel [phone] / fax [phone] Lindsay J. Hulley, Bar No. 184924 [e-mail] GORDON & REES LLP 4675 MacArthur Court, Suite 800 Newport Beach, California 92660 tel [phone] / fax [phone] Attorneys for Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES Julian J. Pardini, Bar No. 133878 email: [e-mail] Alan J. Haus, Bar No. 111556 email: [e-mail] Rowena C. Seto, Bar No. 235103 Email: [e-mail] LEWIS BRISBOIS BISGAARD & SMITH LLP One Sansome Street, Suite 1400 San Francisco, California 94104 tel [phone] / fax [phone] Attorneys for TIMBERWORK, INC., and EARL BLONDHEIM JOHN C. KIRKE [e-mail] LAW OFFICES OF DONAHUE GALLAGHER WOODS LLP 300 Lakeside Drive, Suite 1900 Oakland, California 94612 tel [phone] / fax [phone] Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MATSUNOKI GROUP, INC., doing business as HAIKU HOUSES, Plaintiff, CASE NO. CV 08 4078 CW Honorable Claudia Wilken STIPULATION TO CONTINUE MEDIATION DATE AND EXTEND MEDIATION DEADLINE; MEDIATOR'S CONCURRENCE; [PROPOSED] ORDER

5 v. 6 7 8 9 Defendants. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TIMBERWORK OREGON, INC.; TIMBERWORK, INC.; JOAN L. SHUELL; EARL MAURY BLONDHEIM; DON PAUL; ILENE ENGLISH-PAUL; and DOES 1 through 10, inclusive,

Plaintiff Matsunoki Group, Inc. dba Haiku Houses (hereinafter "Plaint iff") and defendants Timberwork, Inc., Earl Maury Blondheim, Don Paul, and Ilene English-Paul (collectively, "Defendants") (Plaint iff and Defendants are referred to, collectively, hereinafter as "the Parties"), by and through their respective counsel, agree and stipulate as follows: WHEREAS, the Court has appointed Mark LeHocky to act as mediator, and the Parties and Mr. LeHocky previously stipulated to extending the Court's deadline to engage in mediation to August 7, 2009. WHEREAS, the Court signed an Order extending the deadline for the Parties to engage in mediation on August 7, 2009. WHEREAS, on July 6, 2009, Plaintiff's President, Charla Honea underwent a significant emergency surgical procedure after which her doctor determined she was not physically able to travel to California until after September 8, 2009. See Declaration of Charla Honea, filed concurrently. WHEREAS, the parties attempted to secure a new mediation date in September; however due to the schedules of the Parties, their respective counsel, and Mr. LeHocky, the earliest date on which all parties are available to engage in mediation is December 7, 2009. THEREFORE, the Parties, through the undersigned counsel, hereby stipulate and agree that the mediation will occur on December 7, 2009. 2
STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW

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IT IS SO STIPULATED.

Dated: September 10, 2009

GORDON & REES LLP By: /s/ Lindsay J. Hulley Lindsay J. Hulley Attorneys for Plaintiff MATSUNOKI GROUP, INC., doing business as HAIKU HOUSES

Dated: September 10, 2009

LEWIS BRISBOIS BISGAARD & SMITH LLP By: /s/ Rowena C. Seto Rowena C. Seto Attorneys for Defendants TIMBERWORK, INC. and EARL M. BLONDHEIM

Dated: September 10, 2009

DONAHUE GALLAGHER WOODS LLP By: /s/ John C. Kirke John C. Kirke Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL

MEDIATOR'S CONCURRENCE I concur in the above stipulation.

Dated: September 10, 2009 By: /s/ Marc LeHocky Marc LeHocky Mediator

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STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW

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HKU/1053276/7014811v.1

ORDER Based upon the foregoing stipulation of the Parties and the Mediator's concurrence, the Court HEREBY ORDERS that the mediation previously scheduled for August 7, 2009 be and hereby is continued, and that the mediation shall occur on December 7, 2009. IT IS SO ORDERED.

Dated: Sept. 14

, 2009

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STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW

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