United States Small Business Administration v. Rocket Ventures II, L.P. et al
Filing
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ORDER GRANTING AS MODIFIED 181 STIPULATION to Continue Pretrial Conference and Trial Dates. Bench Trial set for 8/25/2014 08:00 AM before Hon. Jeffrey S. White. Pretrial Conference set for 8/4/2014 02:00 PM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 6/6/14. (jjoS, COURT STAFF) (Filed on 6/6/2014)
Case4:10-cv-04425-JSW Document181 Filed06/05/14 Page1 of 4
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T. Scott Tate (Bar No. 118427)
Gregory C. Nuti (Bar No. 151754)
Melissa S. Lor (Bar No. 245515)
SCHNADER HARRISON SEGAL & LEWIS LLP
One Montgomery Street, Suite 2200
San Francisco, CA 94104-5501
E-mail:state@schnader.com
E-mail:gnuti@schnader.com
E-mail:mlor@schnader.com
Telephone: 415-364-6700
Facsimile: 415-364-6785
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Arlene M. Embrey (Fl Bar No. 125539)
Trial Attorney, Office of General Counsel
U.S. Small Business Administration
409 3rd Street, S.W.
Washington, D.C. 20416
Email: arlene.embrey@sba.gov
Telephone (202) 205-6976
Facsimile (202) 481- 0324
Attorneys for Plaintiff United States Small Business
Administration in its capacity as Receiver for Rocket
Ventures II SBIC, L.P.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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United States Small Business Administration in
its capacity as Receiver for Rocket Ventures II
SBIC, L.P.,
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Plaintiff,
vs.
Case No.: CV-10-4425
STIPULATED REQUEST TO
CONTINUE PRETRIAL
CONFERENCE AND TRIAL DATES;
AND PROPOSED ORDER THEREON
Rocket Ventures II, L.P., a California limited
partnership, et al.
Defendants.
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Plaintiff United States Small Business Administration in its capacity as Receiver for
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Rocket Ventures II, L.P. (“Plaintiff”) and the entity defendants, Rocket Ventures II L.P., Rocket
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Ventures II CEO Fund, L.P., and Rocket Ventures SBIC Partners, LLC (collectively, the “Class
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Stipulated Request to Continue Pretrial Conference and Trial Dates
4938526_2
Case4:10-cv-04425-JSW Document181 Filed06/05/14 Page2 of 4
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A Partners” and together with the Plaintiff, the “Parties”), by and through their respective
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counsel of record, hereby stipulate and agree, subject to Court approval, as follows:
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1.
The pretrial conference and trial date in this case are currently scheduled for June
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23, 2014 and July 21, 2014, respectively. The Court ordered that parties shall file the required
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pretrial filings by no later than June 9, 2014. See Doc. No. 180.
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2.
By stipulations amongst the Parties [Doc. Nos. 27, 32, 163], the Court has
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previously continued the pretrial conference and trial date in this case due to pending
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appointment of an ADR evaluator, the addition of further defendants following amendment of
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the complaint, and unforeseen circumstances requiring continuance. See Doc. Nos. 28, 33, 164.
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Throughout this time, the Parties have continued to engage in settlement discussions.
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3.
Following extensive negotiations to resolve the Plaintiff’s claims against the Class
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A Partners, the Parties have reached a settlement and are currently documenting the agreement
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(the “Settlement Agreement”). The Parties expect that the Settlement Agreement will be
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finalized and executed shortly (likely within the next 14 days), and, pursuant to the terms of the
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Settlement Agreement, the Receiver shall thereafter dismiss the Class A Partners from the above-
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entitled action accordingly.
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4.
In light of the Parties’ settlement, the Parties request a continuance of the current
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pretrial conference and trial dates, as well as the related deadline for pretrial filings, to conserve
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Court and Party resources and to allow the Parties to expend their efforts on finalizing the
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Settlement Agreement. The Parties believe that a continuance of 45 days will allow them to
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finalize and execute the Settlement Agreement and have the Class A Partners dismissed.
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5.
The declaration of Melissa S. Lor in support of the Stipulation has been
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concurrently filed herewith.
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-2Stipulated Request to Continue Pretrial Conference and Trial Dates
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Case4:10-cv-04425-JSW Document181 Filed06/05/14 Page3 of 4
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THEREFORE, it is hereby stipulated by and between the Parties, subject to approval by
the Court, as follows:
to August 4. 2014
(1) the pretrial conference, currently set for June 23, 2014, shall be continued for 45 days;
(2) the deadline for pretrial filings, currently set for June 9, 2014, shall be continued for
to July 21, 2014
45 days; and
to August 25, 2014
(2) the bench trial, currently set for July 21, 2014, shall be continued for 45 days.
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Dated: June 5, 2014
SCHNADER HARRISON SEGAL & LEWIS LLP
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By: /s/ Melissa S. Lor
T. Scott Tate
Melissa S. Lor
Attorneys for Plaintiff
United States Small Business
Administration in Its Capacity as Receiver
for Rocket Ventures II SBIC, L.P.
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Dated: June 5, 2014
COOLEY LLP
By: /s/ Matthew D. Brown
Gordon C. Atkinson
Matthew D. Brown
Abigail E. Pringle
Counsel for Rocket Ventures SBIC Partners,
LLC; Rocket Ventures II CEO Fund, L.P.;
and Rocket Ventures II, L.P.
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PURSUANT TO STIPULATION, IT IS SO ORDERED:
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Dated: June 6, 2014
____________________________________
Honorable Judge Jeffrey S. White
United States District Court Judge
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Stipulated Request to Continue Pretrial Conference and Trial Dates
4938526_2
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