Haskins et al v. Cherokee Investment Partners, LLC et al

Filing 64

ORDER DENYING MOTION FOR ORDER SHORTENING TIME re 63 MOTION to Set Aside Default Ex Parte Application for Order Shorten Time for Motion to Set Aside Default MOTION to Shorten Time filed by Fuller-O'Brien, Inc.The Motion to Set Aside (Clerk's Entry) of Default must be heard by the district court Judge.This order terminates Dkt. No. 63. Signed by Judge Yvonne Gonzalez Rogers on 1/25/13. (fs, COURT STAFF) (Filed on 1/25/2013)

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ROBERT H. STALEY (SBN # 122101)
EPSTEIN, ENGLERT, STALEY & COFFEY
425 California Street, 1i 11 Floor
San Francisco, CA 94104
Tel [phone]
Fax [phone]
Attorneys for Defendant,
The O'Brien Corporation

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION
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RICHARD E. HASKINS, an individual;
ARTHUR L. HASKINS, an individual; and
ESTATE OF ARTHUR "BUZZ" HASKINS,
JR., DECEASED, a deceased individual,
Plaintiffs,

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v.

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Case No. CV-11-05142-YGR
STIPULATION REORDER
SHORTI£NlNG TIME FOR
MOTION TO SET ASIDE
DEFAULT; COURT ORDER DENYING
GRANTING ORDER
SHORTENING TIME

CHEROKEE INVESTMENT PARTNERS, LLC,)
aN orth Carolina limited liability company;
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FULLER-O'BRIEN, INC., a snrrendered
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Delaware Corporation; and DOES 1 through 100,)
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Defendants.
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___________________________)

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The partie~, and each of them, hereby stipulate as follows:
RECITALS

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I. WHEREAS, plaintiffs have taken the default of defendant The O'Brien Corporation

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("O'Brien"), the successor by merger of and named herein as Fuller O'Brien, Inc.;

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STIPULATION AND ORDER REORDER SHORTENING TIME
FOR MOTION TO SET ASIDE DEFAULT

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2. WHEREAS, plaintiffs' Motion to Enter Defanlt Judgment against O'Brien is set for

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hearing on February 7, 2013 before Magistrate Judge Laurel Beeler;

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3.

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4. WHEREAS, O'Brien seeks to have the Motion to Set Aside Default heard and

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WHEREAS, O'Brien is filing herewith its Motion to Set Aside the Default;

decided on the merits before any defanlt judgment is entered;
5. WHEREAS, pursuant to Local Rnle, counsel for the parties have met and conferred
over O'Brien's intent to seek an order shortening time;
6. WHEREAS, plaintiffs agree to stipulate to the order shortening time on the condition
that the motion be set and heard before Magistrate Judge Laurel Beeler on the same
date and time as the pending Motion to Enter Default Judgment.

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STIPULATION

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NOW THEREFORE, the parties, by and through their respective counsel, hereby
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stipulate that this Court may issue an order setting O'Brien's Motion to Set Aside Default on

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shortened time so that it is set for hearing before Magistrate Judge Laurel Beeler on February 7,
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2013 at 11:00 am. The parties further stipulate that any opposition papers shall be filed and

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served no later than February 1, 2013, and that any reply papers be filed and served no later than
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February 5, 2013.
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SO STIPULATED

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Dated: January 24, 2013

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EPSTEIN, ENGLERT, STALEY & COFFEY,
A Professional Corporation

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Is/ Robert H. Staley

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Robert H. Staley
Attorney for Defendant,
The O'Brien Corporation

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STIPULATION AND ORDER RE ORDER SHORTENING TIME
FOR MOTION TO SET ASIDE DEFAULT

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.DWJ~i)tQSEN, B ~CK & DEAN, LLP

Dated: January 24, 2013

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tephe
cKae
Attorney for Defendants,
Cherokee Acquisition Corp., Cherokee Investment
Partners II, L.P., Cherokee Grand Avenue, LLC,
Cherokee San Francisco, LLC

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Dated: January 24, 2013

PALADIN LAW GROUP LLC
lsi Bret A. Stone

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Bret A. Stone
Attorney for Plaintiffs,
Richard E. Haskins, Arthur L. Haskins, and the
Estate of Arthur "Buzz" Haskins, Jr., Deceased

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DENYING
COURT ORDER GRANTING MOTION TO SHORTEN TIME

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT defendant
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O'Brien's ex parte application for order shortening time is hereby granted. O'Brien's Motion to

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Set Aside Default is hereby set for hearing before Magistrate Judge Laurel Beeler on February 7,

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onne Go
Judge Yv

nzalez R

o ge r s

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Federal District Court Judge
ER
The Court notes that Dkt. No.
C
N
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63 improperly filed separate
D IS T IC T O
motions in one document. The filing
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party shall re-file the motion to set
aside default as a separate motion before
Judge Gonzalez Rogers. This Order terminates Dkt. No. 63.

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January 25, 2013
Dated: _ _ _ _ _ _ _ __

NO

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D

DENIE

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SO ORDERED

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The motion to set aside
default must be heard by the
district court judge.

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CT
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C
AT February 5, 2013.
2013. Any reply papers shall be filed and served no later than
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2013 at 11 :00 am. Any opposition papers shall be filed and servedSTRI than February I,
DI no later

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UNIT
ED

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STIPULATION AND ORDER REORDER SHORTENING TIME
FOR MOTION TO SET ASIDE DEFAULT