Windermere Holdings, LLC v. U.S. Wall Decor, LLC et al

Filing 68

ORDER GRANTING 67 Stipulation, filed by Kinkade Events, LLC, Windermere Holdings, LLC, Nick R. Bomleny, Thomas Kinkade, Albert R. Scarlata, U.S. Wall Decor, LLC. Signed by Judge Beeler on 5/26/11. (lblc2, COURT STAFF) (Filed on 5/26/2011)

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Ronald L. Richman, SBN 139189
E-Mail: [e-mail]
BULLIVANT HOUSER BAILEY PC
601 California Street, Suite 1800
San Francisco, California 94108
Telephone: [phone]
Facsimile. 415.352.2701
Attorneys for Defendant U.S. Wall Decor,
LLC, Kinkade Events, LLC, Albert R.
Scarlata, and Nick S. Bomleny

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WINDERMERE HOLDINGS, LLC, a
California limited liability company,

STIPULATION TO CONTINUE
HEARING DATE ON PLAINTIFF'S AND
CROSS-DEFENDANT'S MOTION TO
DISMISS; ORDER THEREON

Plaintiff,

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Case No.: CV 10 03955-LB

VS.

U.S. WALL DECOR, LLC, a Florida limited
15 liability company, KINKADE EVENTS, LLC,
a Florida limited liability company, ALBERT
16 R. SCARLATA, a Florida resident, NICK S.
BOMLENY, a Florida resident and DOES 1
17 through 10,
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Date:
June 23, 2011
Time:
11:00 a.m.
Ctroom: 4, 3 rd Floor — Oakland
Hon. Laurel Beeler

Defendants.

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STIPULATION
IT IS HEREBY STIPULATED by and between Plaintiff Windermere Holdings, LLC
and Cross-Defendant Thomas Kinkade, on the one hand, and Defendants and CrossComplainants, on the other hand, that Plaintiff Windermere Holdings, LLC and CrossDefendant Thomas Kinkade's Motion to Dismiss Counter and Cross-Claims of Defendant and
Cross-Complainant Nick S. Bomleny, scheduled for hearing on June 23, 2011, be continued for
45 days, and that the due date for the filing of the corresponding opposition and reply papers be
continued for 45 days, on the grounds that counsel for Defendants and Cross-Defendants will
file a motion to withdraw as counsel in this case. The extension for the hearing date on the

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STIPULATION TO CONTINUE HEARING DATE ON MOTION TO DISMISS; ORDER THEREON

1 pending motion, as well as the corresponding opposition and reply papers, will allow sufficient
2 time for the filing and hearing of Bullivant Houser Bailey PC's Motion to Withdraw, which will
3 be filed with this Court on or before Thursday, June 2, 2011 and further, time to allow
4 Defendants and Cross-Complainants to seek new counsel.
5 DATED: May 25, 2011
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BULLIVANT HOUSER BAILEY PC

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By /s/
Ronald L. Richman

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Attorneys for Defendants and Cross-Complainants
U.S. WALL DECOR, LLC, KINCADE EVENTS,
LLC, ALBERT R. SCARLATA, and NICK R.
BOMLENY

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DATED: May 25, 2011
FOLEY & LARDNER

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By /s/
Dana N. Levitt
Attorneys for Plaintiff WINDERMERE
HOLDINGS, LLC and Cross-Defendant THOMAS
KINKADE

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STIPULATION TO CONTINUE HEARING DATE ON MOTION TO DISMISS; ORDER THEREON

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ORDER

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Pursuant to Stipulation by the parties and good cause appearing:

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IT IS HEREBY ORDERED that Plaintiff Windermere Holdings, LLC and Cross-

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Defendant Thomas Kinkade's Motion to Dismiss Counter and Cross-Claims of Defendant and

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Cross-Complainant Nick S. Bomleny shall be continued to August 4, 2011. Any Opposition

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shall be filed on or before July 11, 2011 and any Reply shall be filed on or before July 18, 2011.

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Dated: May 26 , 2011

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UNIT
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DERED

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HON. LAUREL O OR
IT IS SBEELER
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO CONTINUE HEARING DATE ON MOTION TO DISMISS; ORDER THEREON