Golden Gate Way, LLC v. Stewart et al

Filing 284

ORDER on 283 STIPULATION WITH PROPOSED ORDER Continuing Hearing Date for Motion and CMC; Briefing Schedule filed by Jeanne Stewart.Responses due by 8/31/2012. Replies due by 9/7/2012. Motion Hearing and Case Management Conference set for 9/27/2012 11:00 AM. Case Management Statement due by 9/20/2012. Signed by Magistrate Judge Donna M. Ryu on 8/1/2012. (hlkS, COURT STAFF) (Filed on 8/1/2012)

1 David F. Wood (State Bar No. 68063)
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Emil A. Macasinag (State Bar No. 256953)
Jon-Erik W. Magnus (State Bar No. 278242)
Wood, Smith, Henning & Berman LLP
10960 Wilshire Boulevard, 18th Floor
Los Angeles, California 90024-3804
Phone: [phone] ♦ Fax: [phone]
E-mail: [e-mail]
[e-mail]

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Attorneys for Defendants and Cross-Defendants, JEANNE STEWART, JEANNE'S
7 HAMLIN CLEANERS, JEANNE STEWART dba HAMLIN CLEANERS (erroneously sued
as Hamlin Cleaners), and TOMMY LEE STEWART

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Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

UNITED STATES DISTRICT COURT

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WOOD, SMITH, HENNING & BERMAN LLP

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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12 GOLDEN GATE WAY, LLC, a California

CASE NO. 09-CV-04458-DMR

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STIPULATION AND [PROPOSED]
ORDER RE: CONTINUING HEARING
DATE FOR MOTION TO APPOINT
GUARDIAN AD LITEM AND CASE
MANAGEMENT CONFERENCE;
BRIEFING SCHEDULE, AS MODIFIED

Limited Liability Company,

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Plaintiff,
v.

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JEANNE STEWART, JEANNE'S HAMLIN
16 CLEANERS; HAMLIN CLEANERS;
LEONARD A. GROSS, LINDA CAPIN
17 GROSS; CONTRACTORS CAPITAL
CORPORATION; LEONARD A. GROSS
18 PROFESSIONAL CORPORATION; and
DOES 1-10, INCLUSIVE,

19

Defendants.

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Complaint Filed: 9/22/09
[Assigned for All Purposes to Magistrate
Judge Donna M. Ryu, Courtroom 4]
Discovery Cutoff:
Motion Cutoff:
Trial Date:

6/4/2012
7/12/2012
1/14/2013

21 AND RELATED CROSS-ACTIONS.
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Pursuant to Local Rules 6.2(a), the agreement of the undersigned parties and

23 following discussion with the Clerk of the Court, the undersigned parties hereby stipulate
24 to and request the following schedule for the briefing and hearing of Plaintiff Golden
25 Gateway LLC's Motion to Appoint a Guardian Ad Litem for Leonard Gross and
26 submission of Joint Case Management Conference Statement and continuance of the
27 August 23, 2012 Case Management Conference. The Parties jointly request this
28 extension of time to comply with the Court's Standing Order requiring attendance of lead
LEGAL:05971-0037/2364380.1

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE

1 trial counsel at Case Management Conferences and is otherwise supported by good
2 cause (See Declaration of Jon-Erik W. Magnus):
3

1.

Defendant Leonard Gross' opposition papers will be filed with the Court on

4 or before Friday, September 7, 2012;
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2.

Plaintiff's reply papers will be filed with the Court on or before Thursday,

6 September 20, 2012;
7

3.

The Joint Case Management Conference Statement will be filed with the

8 Court on or before Thursday, September 20, 2012;
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4.

The hearing on Plaintiff's Motion for Appointment of a Guardian Ad Litem for

10 Defendant Leonard A. Gross is set for Thursday, September 27, 2012 at 11:00 a.m.;

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

11

5.

The August 23, 2012 Case Management Conference is continued to

12 Thursday, September 27, 2012 at 11:00 a.m.
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14 DATED: August 1, 2012

WOOD, SMITH, HENNING & BERMAN LLP

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By:

/S/ Jon-Erik W. Magnus (ECF)
DAVID F. WOOD
EMIL A. MACASINAG
JON-ERIK W. MAGNUS
Attorneys for Defendants and Cross-Defendants,
JEANNE STEWART, JEANNE'S HAMLIN
CLEANERS, JEANNE STEWART dba HAMLIN
CLEANERS (erroneously sued as Hamlin
Cleaners), and TOMMY LEE STEWART

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DATED: August 1, 2012

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Hanson Bridgett LLP

By:

/S/ John Cu, Esq. (ECF)
Catherine W. Johnson, Esq.
John Cu, Esq.
Attorneys for Plaintiff, Golden Gate Way, LLC and
Cross-Defendant, WILLIAM and YOLANDA
PEACOCK

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE

1 DATED: August 1, 2012

Morrison & Foerster LLP

2
By:

/S/ William F. Tarantino (ECF)
William F. Tarantino, Esq.
Attorneys for Defendant and Cross-Defendant,
LEONARD A. GROSS

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DATED: August 1, 2012

Opper & Varco, LLP

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By:

/S/ Linda C. Beresford, Esq. (ECF)
Suzanne R. Varco, Esq.
Linda C. Beresford, Esq.
Attorneys for Cross-Defendant, SCOTT MONROE

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DATED: August 1, 2012

Feldman Law Group

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

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By:

/S/ Aaron R. Feldman (ECF)
Aaron R. Feldman, Esq.
Attorneys for Cross-Defendant, JOY MONROE

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE

ORDER ON STIPULATION

1

2 IT IS HEREBY ORDERED that
3

1.

Defendant Leonard Gross' opposition papers will be filed with the Court by

4 August 31, 2012;
5

2.

Plaintiff's reply papers will be filed with the Court by September 7, 2012;

6

3.

The Joint Case Management Conference Statement will be filed with the

7 Court on or before Thursday, September 20, 2012;
8

4.

The hearing on Plaintiff's Motion for Appointment of a Guardian Ad Litem for

9 Defendant Leonard A. Gross is set for Thursday, September 27, 2012 at 11:00 a.m.;
The August 23, 2012 Case Management Conference is continued to

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UNITED STATES MAGISTRATE JUDGE
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Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

13 DATED: August 1, 2012

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WOOD, SMITH, HENNING & BERMAN LLP

11 Thursday, September 27, 2012 at 11:00 a.m.

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE

DECLARATION OF JON-ERIK W. MAGNUS

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2

I, Jon-Erik W. Magnus, declare as follows:

3

1.

I am an attorney at law duly admitted to practice before the courts of the

4 State of California and the United States District Court, Northern District of California. I
5 am an associate with WOOD, SMITH, HENNING & BERMAN LLP, attorneys of record for
6 JEANNE STEWART, JEANNE'S HAMLIN CLEANERS, JEANNE STEWART dba
7 HAMLIN CLEANERS (erroneously sued as Hamlin Cleaners) AND TOMMY LEE
8 STEWART. I know the following facts to be true of my own knowledge, and if called to
9 testify, I could competently do so.
10

2.

On June 14, 2012, at the request of counsel for Leonard Gross ("Gross"),

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

11 we agreed to stipulate to lengthen time for Gross to file an Opposition to Plaintiff's Motion
12 To Appoint A Guardian Ad Litem For Defendant Leonard Gross. In agreeing to lengthen
13 time to respond to the instant motion, this office did not agree to continue the date of the
14 Case Management Conference scheduled for August 1, 2012. On June 14, 2012,
15 counsel for Gross filed a Stipulation and [Proposed] Order Re Briefing Schedule and
16 Hearing Date. Under the Stipulation and [Proposed] Order, Gross' Opposition is due
17 August 2, 2012, and Plaintiff's Reply is due August 9, 2012.
18

3.

On June 15, 2012, the Court granted the Stipulation. The Court's Order

19 regarding the briefing schedule and hearing date also continued the Case Management
20 Conference in this matter to August 23, 2012, the same date as the hearing on Plaintiff's
21 Motion.
22

4.

Pursuant to the Court's Standing Order dated July 3, 2012, lead trial

23 counsel are required to attend all Case Management Conferences. The August 23, 2012
24 Case Management Conference date presents a conflict for our lead trial counsel in this
25 matter, David F. Wood. Mr. Wood is unavailable August 23, 2012, due to a previously
26 scheduled commitment.
27

5.

Upon realizing this conflict, and in a desire to comply with the Court's

28 Standing Order, we contacted the Court's Calendar Clerk and Deputy Ivy Garcia. When
LEGAL:05971-0037/2364380.1

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE

1 apprised of the conflict, Ms. Ivy advised that we could seek relief by stipulating to
2 continue the date of the case management conference and the hearing date.
3

6.

This office has consulted with all other counsel who agreed to the present

4 stipulation. September 27, 2012 is the first available date that all parties are available.
5

7.

In addition, counsel for Gross requested that the time to file responsive

6 papers be extended accordingly.
7

8.

Plaintiff's counsel has advised that he is unavailable to file a response the

8 week of September 10, 2012. Consequently, Plaintiff's counsel has requested that the
9 time to file a reply be extended to allow a response the week of September 17, 2012 and
10 to coincide with the filing of the Joint Case Management Conference Statement.

Attorneys at Law
10960 WILSHIRE BOULEVARD, 18TH FLOOR
LOS ANGELES, CALIFORNIA 90024-3804
TELEPHONE [phone] ♦ FAX [phone]

WOOD, SMITH, HENNING & BERMAN LLP

11

I declare under penalty of perjury under the laws of the United States of America

12 that the foregoing is true and correct.
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Executed July 31, 2012, at Concord, California.

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/S/ Jon-Erik W. Magnus (ECF)
Jon-Erik W. Magnus

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LEGAL:05971-0037/2364380.1

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09-CV-04458-DMR
STIPULATION AND [PROPOSED] ORDER RE: CONTINUING HEARING DATE FOR MOTION TO
APPOINT GUARDIAN AD LITEM AND CASE MANAGEMENT CONFERENCE; BRIEFING SCHEDULE