Gott Brothers Development, LLC v. Nicholson et al

Filing 50

ORDER. Signed by Magistrate Judge Donna M. Ryu on 1/5/2012. (dmrlc2, COURT STAFF) (Filed on 1/5/2012)

Case4:09-cv-00807-PJH Document49 Filed01/05/12 Page1 of 3

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PATRICK MCGOVERN, ESQ. (SBN 115981)
270 Redwood Shores Parkway, No. 730
Redwood City, California 94065
Telephone:
[phone]
Facsimile:
[phone]
E-Mail: [e-mail]

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Attorneys for Defendants/Counter-Claimants

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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)
)
)
)
Plaintiff,
)
)
vs.
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)
JEAN NICHOLSON and DEAN
NICHOLSON, individually and as Trustees )
of the DEAN AND JEAN T. NICHOLSON )
FAMILY TRUST; VIRGINIA TOOGOOD, )
)
individually and as the Trustee of the
VIRGINIA TOOGOOD FAMILY TRUST, )
COMPRISING VIRGINIA T. TOOGOOD )
)
AND DOES 1-20, INCLUSIVE,
GOTT BROTHERS DEVELOPMENT,
LLC, a limited liability company

Case No. CV 09-00807 PJH
STIPULATION AND [PROPOSED]
ORDER EXCUSING PARTIES FROM
PERSONAL APPEARANCE AT
SETTLEMENT CONFERENCE
Judge: Hon. Phyllis J. Hamilton
MSC Judge: Hon. Donna M. Ryu
Date: January 9, 2012
Time: 11:00 a.m.

Defendants.

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STIPULATION

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Jean and Dean Nicholson and Virginia Toogood, by and through their attorney of

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record, Patrick McGovern, and Gott Brothers Development, LLC, Joel Gott and Duncan Gott,

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by and through their attorney of record, James Rose, hereby state and stipulate as follows.

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Request having been made in writing by Counsel for Defendants/Counter-Complainants

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Dean and Jean Nicholson excusing them from personally appearing at the Settlement

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Conference on January 9, 2012, and good cause appearing therefore,

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Case4:09-cv-00807-PJH Document49 Filed01/05/12 Page2 of 3

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IT IS HEREBY STIPULATED

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1. That Defendants/Counter-Complainants Dean and Jean Nicholson are excused from
personally appearing at the Settlement Conference on January 9, 2012;

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2. That said parties shall be personally represented at the Settlement Conference on that

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date by their son, Bob Nicholson, who shall have full authority to settle the matter on their

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behalf;

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3. That said parties will be available for consultation by telephone, if necessary, for the
duration of the Settlement Conference.
IT IS SO STIPULATED.
Dated: January 5, 2012

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/s/ James R. Rose
___________________________________
JAMES R. ROSE, Counsel for Plaintiffs and
Cross-Defendants

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THE LAW OFFICES OF JAMES R. ROSE

Dated: January 5, 2012
/s/ Patrick McGovern
___________________________________
PATRICK MCGOVERN, Counsel for Defendants
and Cross-Complainants

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ORDER

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The parties having so stipulated and good cause appearing therefore,
IT IS ORDERED

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1. That Defendants/Counter-Complainants Dean and Jean Nicholson are excused from
personally appearing at the Settlement Conference on January 9, 2012;

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2. That said parties shall be personally represented at the Settlement Conference on that
date by their son, Bob Nicholson, who shall have full authority to settle the matter on their
behalf;

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Case4:09-cv-00807-PJH Document49 Filed01/05/12 Page3 of 3

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3. That said parties will be available for consultation by telephone, if necessary, for the
duration of the Settlement Conference.

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Dated: _January __, 2012______________
__________________________________

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____________________________

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HONORABLE DONNA M. RYU

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-1Case No. 09-00807 PJH (DMR)