United States Small Business Administration v. Rocket Ventures II, L.P. et al

Filing 185

ORDER GRANTING 184 Stipulation to Vacate Pretrial Filing Deadlines, Pretrial Conference, and Trial. Signed by Judge Jeffrey S. White on July 18, 2014. (jswlc3, COURT STAFF) (Filed on 7/18/2014)

Case4:10-cv-04425-JSW Document184 Filed07/18/14 Page1 of 3

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COOLEY LLP
GORDON C. ATKINSON (122401) ([e-mail])
MATTHEW D. BROWN (196972) ([e-mail])
ABIGAIL E. PRINGLE (272548) ([e-mail])
10 1 California Street
5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
Rocket Ventures SBIC Partners, LLC; Rocket Ventures II CEO
Fund, L.P.; and Rocket Ventures II, 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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Case No. CV-10-4425

United States Small Business Administration
in its capacity as Receiver for Rocket
Ventures II SBIC, L.P.,
Plaintiff,

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STIPULATED REQUEST TO
VACATE OR CONTINUE PRETRIAL
CONFERENCE AND TRIAL DATES;
PROPOSED ORDER THEREON

V.

Rocket Ventures II, L.P., a California limited
partnership, et al.

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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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A Partners" and together with the Plaintiff, the "Parties"), by and through their respective counsel

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of record, hereby stipulate and agree, subject to Court approval, as follows:
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The pretrial conference and trial date in this case are currently scheduled for

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August 4, 2014 and August 25, 2014, respectively. The Court ordered that parties shall file the

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required pretrial filings by no later than July 21, 2014. See Dkt. No. 182.

COOLEYLLP
ATTORNEYS AT LAW
SAN FRANCISCO

108978394

1.

STIPULATION

Case4:10-cv-04425-JSW Document184 Filed07/18/14 Page2 of 3

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2.

The Parties have reached a settlement agreement, which has been executed by all

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parties. Pursuant to that settlement agreement, the Parties filed a Stipulation for Entry of

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Judgment, along with a Proposed Judgment, on July 17, 2014. See Dkt. No. 183.

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3.

The Parties' agreement provides that within five business days after entry of an

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order by the Court approving the Stipulation of Judgment, the Receiver shall dismiss all claims

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against the Class A Partners, with prejudice, from the instant action.

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4.

In light of the Parties' settlement, the Parties request that the Court vacate the

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current pretrial conference and trial dates, as well as the related deadline for pretrial filings, as the

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settlement obviates the need for these proceedings.

Alternatively, the Parties request a

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continuance of 30 days for each of the aforementioned deadlines. Such a continuance provides

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time for the Court to review and consider the Parties' stipulation and to finalize the dismissal of

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the Class A Partners.

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THEREFORE, the Parties hereby respectfully make this stipulated request that the Court
enter an order as follows:
The deadline for pretrial filings, currently set for July 21, 2014; the pretrial
conference, currently set for August 4, 2014; and the bench trial, currently set for August
25, 2014, are vacated.
(1)

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(2)
In the alternative, the aforementioned deadlines are continued for 30 days, as
follows:

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(a) the deadline for pretrial filings, currently set for July 21, 2014, shall be
continued to August 20, 2014;
(b) the pretrial conference, currently set for August 4, 2014, shall be continued to
September 3, 2014; and

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(c) the bench trial, currently set for August 25, 2014, shall be continued to
September 24, 2014.

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COOLEYLLP
ATTORNEYS AT LAW
SAN fRANCISCO

108978394

2.

STIPULATION

Case4:10-cv-04425-JSW Document184 Filed07/18/14 Page3 of 3

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Dated: July 18, 2014

COOLEYLLP

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By: Is/ Abigail E. Pringle
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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Dated: July 18,2014
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SCHNADER HARRISON SEGAL & LEWIS LLP

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By: Is/ 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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[PROPOSED] ORDER

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Pursuant to the Parties' Stipulation, the Court enters this order as follows:

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The deadline for pretrial filings, currently set for July 21, 2014; the pretrial conference, currently
set for August 4, 2014; and the bench trial, currently set for August 25, 2014, are hereby vacated.

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Dated: July 18, 2014
Honorable Judge JeffreyS. White
United States District Court Judge

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COOLEYLLP
ATTORNEYS AT LAW

SAN FRANCISCO

108978394

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STIPULATION