Graham-Sult et al v. Clainos et al

Filing 180

ORDER by Judge Claudia Wilken Granting 179 Stipulation Requesting New Case Management Conference Date. (ndr, COURT STAFF) (Filed on 5/12/2014)

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THERESE Y. CANNATA (SBN 88032)
KIMBERLY A. ALMAZAN (SBN 288605)
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs
ALEXANDER GRAHAM-SULT and DAVID GRAHAM

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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ALEXANDER GRAHAM-SULT, an
individual and DAVID GRAHAM, an
individual,

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Plaintiffs,

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NICHOLAS P. CLAINOS, an individual,
RICHARD L. GREENE, an individual,
LINDA McCALL, an individual, GREENE
RADOVSKY MALONEY SHARE &
HENNIGH LLP, a limited liability
partnership, BILL GRAHAM ARCHIVES
LLC, d/b/a WOLFGANG’S VAULT, a
limited liability company, NORTON LLC,
a limited liability company, and WILLIAM
E SAGAN, an individual,

STIPULATION AND [PROPOSED]
ORDER REQUESTING NEW CASE
MANAGEMENT CONFERENCE DATE

v.

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Case No. 4:10-cv-04877-CW

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Judge: Hon. Claudia Wilken

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Defendants.
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Plaintiffs ALEXANDER GRAHAM-SULT, an individual, and DAVID GRAHAM, an
individual (“plaintiffs”), and defendants NICHOLAS P. CLAINOS, an individual, BILL
GRAHAM ARCHIVES LLC, d/b/a WOLFGANG’S VAULT, a limited liability company,

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NORTON LLC, a limited liability company, and WILLIAM E SAGAN, an individual
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(“defendants”) by and through their respective counsel, stipulate and agree as follows.

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STIPULATION AND [PROPOSED] ORDER REQUESTING NEW
CASE MANAGEMENT CONFERENCE DATE

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A.

Management Conference had been scheduled for May 21, 2014 at 2:00 p.m.

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B.

See Cannata Decl., filed concurrently, at ¶2.
C.

Now, therefore, it is hereby stipulated and agreed, by and among the parties hereto
through their undersigned attorneys of record, subject to the approval of the Court, as follows:

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WHEREAS, the parties met and conferred about re-scheduling the Case

Management Conference.

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WHEREAS, counsel for plaintiff, Therese Y. Cannata, is unavailable on May 21,

2014 at 2:00 p.m. to appear at the Case Management Conference due to a previous commitment.

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WHEREAS, on April 28, 2014, the Clerk of this Court gave notice that a Case

The parties hereby agree to continue the Case Management Conference from May 21,
2014 at 2:00 p.m. to June 4, 2014 at 2:00 p.m. Correspondingly, the parties agree to move the
deadline for the Case Management Statement from May 14, 2014 to May 28, 2014.

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Dated: May 9, 2014

Dated: May 9, 2014

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CANNATA, CHING & O’TOOLE LLP

WINSTON & STRAWN

By:

By:

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/s/ Therese Y. Cannata
THERESE CANNATA
Attorneys for Plaintiffs ALEXANDER
GRAHAM-SULT and DAVID
GRAHAM

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/s/ Erin Ranahan
ERIN RANAHAN
Attorneys for Defendants BILL
GRAHAM ARCHIVES LLC, d/b/a
WOLFGANG'S VAULT, NORTON
LLC, and WILLIAM E. SAGAN
(Per Local Rule 5-1(i)(3), Ms.
Ranahan’s concurrence in the filing of
this document was obtained on 5.9.14.)

Dated: May __, 2014
KATTEN MUCHIN ROSEMAN LLP
By:

____________
ZIA MODABBER
Attorneys for Defendant
NICHOLAS P. CLAINOS

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-2STIPULATION AND [PROPOSED] ORDER REQUESTING NEW
CASE MANAGEMENT CONFERENCE DATE

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: May __, 2014
12, 2014
______________________________
CLAUDIA WILKEN
United States District Judge

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-3STIPULATION AND [PROPOSED] ORDER REQUESTING NEW
CASE MANAGEMENT CONFERENCE DATE

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THERESE Y. CANNATA (SBN 88032)
KIMBERLY ALMAZAN (SBN 288605)
CANNATA, CHING & O’TOOLE LLP
100 Pine Street, Suite 350
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
ALEXANDER GRAHAM-SULT
and DAVID GRAHAM

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION

T EL: ( 4 1 5) 4 0 9 - 8 9 0 0 P F AX: ( 41 5 ) 4 09 - 8 9 0 4

A T T O RNE Y S A T L A W

100 Pine Street, Suite 350
San Francisc o, CA 94111

CANNATA, CHING & O’TOOLE LLP

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ALEXANDER GRAHAM-SULT, an
individual, and DAVID GRAHAM, an
individual,

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Plaintiffs,

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CASE NO. 4:10-cv-04877-CW
DECLARATION OF THERESE Y.
CANNATA IN SUPPORT OF REQUEST
FOR A NEW CASE MANAGEMENT
CONFERENCE DATE

v.
NICHOLAS P. CLAINOS, an individual,
RICHARD L. GREENE, an individual,
LINDA McCALL, an individual, GREENE
RADOVSKY MALONEY SHARE &
HENNIGH LLP, a limited liability
partnership, BILL GRAHAM ARCHIVES
LLC, d/b/a WOLFGANG’S VAULT, a
limited liability company, NORTON LLC, a
limited liability company, and WILLIAM E.
SAGAN, an individual,

_____________________________________/
Judge: Hon. Claudia Wilken

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Defendants.
___________________________________/

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I, THERESE Y. CANNATA, hereby declare as follows:
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1.

I am an attorney at law, duly licensed to practice before all Courts of the State of

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California, and am in good standing with the State Bar of California. I am a member of the law
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firm of Cannata, Ching & O’Toole, LLP, attorneys of record for plaintiffs Alexander Graham26
Sult and David Graham. I make this declaration based upon my personal knowledge, except
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where indicated upon information and belief. If called upon to testify as to the truth of the
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-1DECLARATION OF THERESE Y. CANNATA

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matters set forth herein, I could and would do so based upon my own personal knowledge, and as

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to those matters stated upon information and belief, I believe them to be true.

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2.

On May 21, 2014, I have an all-day teaching obligation for the National Institute

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of Trial Advocacy located at the Sierra Club in San Francisco, California. This teaching

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obligation was scheduled before this Court provided its April 28, 2014 notice of the May 21,

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2014 Case Management Conference.

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3.

On May 6, 2014, my assistant, Mr. Lindarto, contacted the Clerk of this

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Court, Ms. Riley, in order to obtain possible new dates for the Case Management Conference. I

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an informed and believe the Ms. Riley stated that Judge Wilken generally handles Case

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A T T O RNE Y S A T L A W

100 Pine Street, Suite 350
San Francisc o, CA 94111

CANNATA, CHING & O’TOOLE LLP

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Management Conferences every Wednesday at 2:00 p.m., but that Mr. Lindarto should check the

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Court’s schedule to ensure that the Court is available on the new date. I am informed and believe

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that Mr. Lindarto checked the Court’s calendar and determined that the Court and my office were

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both available on Wednesday, June 4, 2014 at 2:00 p.m. As such, this is the date we proposed to

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all counsel for the new Case Management Conference.

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4.

Since returning to the trial court from the Ninth Circuit, there have been no

previous time modifications in this case, whether by stipulation or Court order.
5.

I do not anticipate that this requested time modification will have any effect on the

schedule for this case.

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Dated: May 9, 2014

CANNATA, CHING & O’TOOLE LLP

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/s/ Therese Y. Cannata
THERESE Y. CANNATA
Attorneys for Plaintiffs Alexander Graham-Sult and
David Graham

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-2DECLARATION OF THERESE Y. CANNATA