Western Directories, Inc. v. Golden Guide Directories, Inc. et al

Filing 71

ORDER re 67 granting STIPULATION (Joint) and To Withdraw Defendants' Motions for Summary Judgment or Summary Adjudication Without Prejudice. Motions terminated: 58 MOTION for Summary Judgment or Summary Adjudication filed by Troy Otus, 56 MOTION to Enforce IRS Summons Ex Parte ApplicationMOTION for Summary Judgment or Summary Adjudication MOTION for Permanent Injunction Defendant, Mike Mason's Motions for Summary Judgment filed by Mike Mason.. Signed by Judge Claudia Wilken on 6/30/09. (scc, COURT STAFF) (Filed on 6/30/2009)

1 BRYAN CAVE LLP

2 3161 Michelson Drive, Suite 1500 3 Telephone:

Stuart W. Price, California Bar No. 125918

Irvine, California 92612-4414 [phone] Facsimile: [phone] [e-mail] 4 Email:

5 BRYAN CAVE LLP

6 David N. de Ruig, California Bar No. 258005 7 San Francisco, CA 94111-3907 8 Facsimile: 9 Email:
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

James Goldberg, California Bar No. 107990 Two Embarcadero Center, Suite 1410 Telephone: Email:

[phone] [phone] [e-mail] [e-mail]

10 Attorneys for Plaintiff 11

WESTERN DIRECTORIES, INC. T. Troy Otus, California Bar No. 148411 533 Airport Blvd., Suite 505

12 ATTORNEY AND COUNSELOR AT LAW 13 Burlingame, California 94010 14 Defendant in Pro Per 15 Michael Mason
322 Poverty Lane

16 Lebanon, NH 03756 17 Defendant in Pro Per 18 19
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. CV 09-01625 CW (EDL) JOINT STIPULATION AND ORDER TO WITHDRAW DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION WITHOUT PREJUDICE

20 WESTERN DIRECTORIES, INC. 21 22
Plaintiff, vs. WEST COAST YELLOW PAGES, INC., OTUS,

23 GOLDEN GUIDE DIRECTORIES, INC., 24 KEVIN TISDALE, MIKE MASON, and TROY 25 26 27 28
KC01DOCS\958243.2

Defendants.

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STIPULATION AND [PROPOSED] ORDER

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STIPULATION This Stipulation is entered into by Plaintiff WESTERN DIRECTORIES, INC. ("Plaintiff")

3 and Defendants MICHAEL MASON ("Mason"), and T. TROY OTUS ("Otus") (collectively, 4 "Defendants"). 5
WHEREAS, on April 14, 2009, Plaintiff filed a Complaint in the United States District Court

6 for the Northern District of California, Case No. 4:09-CV-01625-CW; 7
WHEREAS, Defendants filed their individual Notices of Motion and Motions for Summary

8 Judgment or Summary Adjudication regarding Plaintiff's claims on June 5, 2009, supported by 9 declarations from Defendant Kevin Tisdale;
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

10

WHEREAS, a hearing on Defendants' Motions for Summary Judgment or Summary

11 Adjudication has been scheduled for July 16, 2009, at 2:00 p.m.; 12
WHEREAS, Plaintiff has served deposition notices with attached requests for production of

13 documents on Defendants and on Defendant Kevin Tisdale, requesting that Defendants and Mr. 14 Tisdale appear for depositions on June 16 (Mr. Tisdale), 17 (Mr. Mason), and 18 (Mr. Otus), and 15 produce requested documents; 16 17
WHEREAS, Mr. Tisdale has refused to appear for his deposition; WHEREAS, Plaintiff will be unable to obtain and review relevant documents from the

18 corporate defendants and Kevin Tisdale and examine Defendants and Mr. Tisdale with those 19 documents before Plaintiff's Opposition to Defendants' Motions for Summary Judgment or 20 Summary Adjudication must be filed, in part because Mr. Tisdale has refused to appear for his 21 deposition and produce documents; and in part because Plaintiff has yet to serve document requests 22 on the corporate defendants, as the parties have yet to make initial disclosures, prepare a discovery 23 plan, and comply with FRCP Rule 26(f); 24
WHEREAS, Plaintiff and Defendants wish to postpone consideration of Defendants'

25 Motions for Summary Judgment or Summary Adjudication until after the parties have completed 26 Rule 26 disclosures and complied with Rule 26(f); after Plaintiff has had the opportunity to obtain 27 requested documents from the corporate defendants, Defendants, and Mr. Tisdale; and after Plaintiff 28 has had the opportunity to depose Defendants and Mr. Tisdale; KC01DOCS\958243.2 2
STIPULATION AND [PROPOSED] ORDER

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NOW, THEREFORE, Plaintiff and Defendants desire and hereby STIPULATE as follows: 1. Defendants withdraw their individual Motions for Summary Judgment or Summary

3 Adjudication, as well as their Supporting Memoranda, Declarations, and Proposed Orders, filed June 4 5, 2009, without prejudice; and 5
2. Plaintiff withdraws its notices for the depositions of Mr. Mason and Mr. Otus,

6 without prejudice. 7 IT IS SO STIPULATED. 8 9 Dated: June 25, 2009
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

10 11 12 Dated: June 25, 2009 13 14 15 16 Dated: June 25, 2009 17 18 19 20 21 22 23 24 25 26 27 28
KC01DOCS\958243.2

________________ Troy Otus Defendant in Pro Per By:

By: _ ________________ Michael Mason Defendant in Pro Per

BRYAN CAVE LLP By: /s/ James Goldberg

James Goldberg Attorneys for Plaintiff WESTERN DIRECTORIES, INC.

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STIPULATION AND [PROPOSED] ORDER

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ORDER Having reviewed the Stipulation of Plaintiff WESTERN DIRECTORIES, INC. and

8 Defendants MICHAEL MASON and TROY OTUS (collectively, "Defendants"), and good cause 9 appearing, IT IS ORDERED THAT:
Bryan Cave LLP Two Embarcadero Center, Suite 1410 201 Clay Street San Francisco, CA 94111-3907

10

Defendants Troy Otus and Mike Mason's Motions for Summary Judgment or Summary

11 Adjudication, scheduled for July 16, 2009, are both withdrawn and hereby removed from the Court's 12 calendar. 13
6/30/09 __________________________________________ United States District Judge Claudia Wilken

14 Dated: _______________ 15 16 17 18 19 20 21 22 23 24 25 26 27 28
KC01DOCS\958243.2

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STIPULATION AND [PROPOSED] ORDER