Ross, Sinclaire & Associates, LLC v. Premier Senior Living, LLC et al

Filing 20

ORDER by Magistrate Judge Nandor J. Vadas granting 19 stipulated request to amend briefing schedule. (njvlc1, COURT STAFF) (Filed on 11/28/2011)

1 BRYAN CAVE LLP
James Goldberg, Cal. Bar No. 107990
2 Kenneth Lee Marshall, Cal. Bar No. 277092
Mary Gassmann Reichert (pro hac vice filed on 10/17/2011)
3 Bahareh Mostajelean, Cal. Bar No. 258903
2 Embarcadero Center, Suite 1410
4 San Francisco, California 94111
Telephone: [phone]
5 Facsimile: [phone]
E-mail:
[e-mail]
[e-mail]
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[e-mail]
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8 Attorneys for Plaintiff
ROSS, SINCLAIRE & ASSOCIATES, LLC
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Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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ROSS, SINCLAIRE & ASSOCIATES,
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Plaintiffs,

Case No. 4:11-cv-05104-PJH

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STIPULATED REQUEST TO
AMEND BRIEFING SCHEDULE ON
PLAINTIFF ROSS, SINCLAIRE &
ASSOCIATES, LLC’S MOTION FOR
LEAVE TO CONDUCT EXPEDITED
DISCOVERY [DOCKET NO. 11];
DECLARATION OF CARRIE
BECHTOLD IN SUPPORT; AND
ORDER

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vs.

20 PREMIER SENIOR LIVING, LLC;
PREMIER SENIOR LIVING
21 DELAWARE, LLC; 5690 STATE
BRIDGE, LLC; 8700 LAWYERS, LLC;
22 460 MEDLOCK, LLC; 6441 HOLDER,
LLC; 2147 DAVIE, LLC; 915 HOOK,
23 LLC; 5835 MEDLOCK BRIDGES, LLC;
1049 ANNA KNAPP, LLC; and 1224
24 VILLAGE CREEK, LLC,
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Defendants.

Honorable Magistrate Judge Nandor J.
Vadas

[Filed Pursuant to L.R. 6-2]

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C043495/0327670/3743925

STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH

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STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE

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Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

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Pursuant to Civil L.R. 6-2, Plaintiff Ross, Sinclaire & Associates, LLC (“RSA”) and
Defendants Premier Senior Living, LLC; Premier Senior Living Delaware, LLC; 5690 State
Bridge, LLC; 8700 Lawyers, LLC; 460 Medlock, LLC; 6441 Holder, LLC; 2147 Davie, LLC; 915
Hook, LLC; 5835 Medlock Bridges, LLC; 1049 Anna Knapp, LLC; and 1224 Village Creek, LLC
(collectively, “Defendants”), submit this stipulated request to amend briefing schedule on RSA’s
Motion for Leave to Conduct Expedited Discovery (Docket No. 11) (the “Discovery Motion”).
RSA filed its Discovery Motion on November 7, 2011. Pursuant to the parties request, the
Court entered an Order setting a hearing date for the Discovery Motion for December 20, 2011
(Doc.ket No. 18.) RSA and Defendants now jointly request that this Court enter an Order
establishing the following schedule to brief the Discovery Motion:
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November 29, 2011: Due Date for Defendants’ Opposition to Discovery Motion

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December 7, 2011: Due Date for RSA’s Reply in Support of Discovery Motion

The parties agree that this schedule will not impact the previously scheduled December 20,
2011 hearing on the Discovery Motion.
Pursuant to Local Rule 6-2, accompanying this Stipulated Request is the Declaration of
Carrie Bechtold, which explains why such a request is necessary, sets forth that there have been no
previous time modifications, and describes the effect the requested time modification would have
on the case. As such, the parties respectfully request this Court to enter an order changing time as
described above.

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Respectfully submitted,
Dated: November 23, 2011

BRYAN CAVE LLP

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By: /s/ James Goldberg
James Goldberg
Attorneys for Plaintiff

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C043495/0327670/3743925

STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH

ROSS, SINCLAIRE & ASSOCIATES, LLC

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Dated: November 23, 2011

SHEPHERD SMITH EDWARDS & KANTAS, LLP

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By: /s/ Samuel B. Edwards
Samuel B. Edwards (CBN 237500)
Attorneys for Defendants
PREMIER SENIOR LIVING, LLC; PREMIER
SENIOR LIVING DELAWARE, LLC; 5690
STATE BRIDGE, LLC; 8700 LAWYERS, LLC;
460 MEDLOCK, LLC; 6441 HOLDER, LLC; 2147
DAVIE, LLC; 915 HOOK, LLC; 5835 MEDLOCK
BRIDGES, LLC; 1049 ANNA KNAPP, LLC; and
1224 VILLAGE CREEK, LLC

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Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

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C043495/0327670/3743925

STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH

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DECLARATION OF CARRIE BECHTOLD IN SUPPORT OF STIPULATED REQUEST

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I, Carrie Bechtold, declare as follows:

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I am an attorney at Bryan Cave, LLP.

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2.

I am in good standing and licensed to practice law in Missouri, Illinois, and the

5 United States District Courts for the Eastern District of Missouri and the Central District of
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Defendants filed a claim requesting an arbitration (“Arbitration”) before the

8 Financial Industry Regulatory Authority (“FINRA”) against Ross, Sinclaire & Associates, LLC
9 (“RSA”).
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I am one of the attorneys that represents RSA in this Arbitration.

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Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

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5.

The contents of this declaration are based upon my personal knowledge and are

12 true and correct to the best of my knowledge and belief. If called to testify, I could and would
13 testify competently thereto.
6.

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On November 7, 2011, RSA filed a Motion to Conduct Expedited Discovery (the

15 “Discovery Motion”) in this case. Through the motion, RSA asks the Court for leave to conduct
16 limited factual discovery related to the issue of whether Defendants are customers of RSA for
17 purposes of Section 12200 of the FINRA Customer Code. This discovery is necessary to provide
18 the Court with an adequate factual record to decide RSA’s forthcoming Motion for Preliminary
19 Injunction to enjoin the Arbitration.
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The Court previously agreed to hear the Discovery Motion on an expedited basis.

21 (Docket No. 18). The Court set the hearing on the Discovery Motion on December 20, 2011.
8.

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The proposed briefing schedule contemplates the conclusion of briefing almost two

23 weeks in advance of the hearing.
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C043495/0327670/3743925

STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH

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I met and conferred with counsel for Defendants in order to obtain a stipulation to

2 the proposed briefing schedule. Counsel for Defendants agreed and stipulated to the proposed
3 schedule.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

5 true and correct.
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Dated: November 28, 2011
By:

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/s/ Carrie Bechtold
Carrie Bechtold

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Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/s/) within this efiled document.

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By:

/s/ James Goldberg

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James Goldberg

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C043495/0327670/3743925

STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH

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[PROPOSED] ORDER

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the Stipulated

3 Request of Plaintiff Ross, Sinclaire & Associates, Inc. (“RSA”) and Defendants Premier Senior
4 Living, LLC; Premier Senior Living Delaware, LLC; 5690 State Bridge, LLC; 8700 Lawyers,
5 LLC; 460 Medlock, LLC; 6441 Holder, LLC; 2147 Davie, LLC; 915 Hook, LLC; 5835 Medlock
6 Bridges, LLC; 1049 Anna Knapp, LLC; and 1224 Village Creek, LLC (collectively,
7 “Defendants”) to AMEND BRIEFING SCHEDULE ON PLAINTIFF ROSS, SINCLAIRE
8 & ASSOCIATES, LLC’S MOTION FOR LEAVE TO CONDUCT EXPEDITED
9 DISCOVERY [DOCKET NO. 11] is GRANTED.
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Defendants shall file their Opposition to RSA’s Motion for Leave to Conduct Expedited

Bryan Cave LLP
2 Embarcadero Center, Suite 1410
San Francisco, CA 94111

11 Discovery (Docket No. 11) no later than November 29, 2011. RSA shall file a reply in support of
12 its Motion, if any, by December 7, 2011. The hearing on RSA’s Discovery Motion is not changed
13 from its previously setting, December 20, 2011. (Docket No. 18).
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IT IS SO ORDERED.

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Dated:

November 28, 2011
Hon. Magistrate Nandor J. Vadas,
U.S. District Court for the Northern
District of California

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STIPULATED REQUEST TO AMEND BRIEFING SCHEDULE; CASE NO. 4:11-CV-05104-PJH