Maxim I Properties v. Krohn et al

Filing 344

ORDER (AS MODIFIED) granting 343 Joint Stipulation and Request for ADR via Settlement Conference and Request for Continuance of Further Case Management Conference: This case is referred to a randomly-assigned Magistrate Judge to conduct a Settle ment Conference which shall be completed within 90 days, or as soon thereafter as is convenient to the assigned Magistrate Judge's calendar. Further Case Management Conference set for 8/30/2023 01:30 PM is vacated and continued to 12/20/2023 01 :30 PM in Oakland, - Videoconference Only. Parties shall file an updated joint Case Management Conference Statement by 12/13/2023. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/. Signed by Chief Magistrate Judge Donna M. Ryu on 8/18/2023. (ig, COURT STAFF) (Filed on 8/18/2023)

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GREGORY P. O’HARA, SBN 131964
[e-mail]
LAUREN M. MICHALS, SBN 184473

[e-mail]

NIXON PEABODY LLP
One Embarcadero Center, 32nd Floor
San Francisco, CA 94111
Telephone No. [phone]
Facsimile No. [phone]
Attorneys for Plaintiff
MAXIM I PROPERTIES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAXIM I PROPERTIES, a general partnership,

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Plaintiff,
vs.
A.M. BUD KROHN, et al.,

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Defendants.

Case No. 4:12-cv-00449 DMR
JOINT STIPULATION AND REQUEST
FOR ADR VIA SETTLEMENT
CONFERENCE AND REQUEST FOR
CONTINUANCE OF CASE
MANAGEMENT CONFERENCE;
ORDER (AS MODIFIED)

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Judge: Magistrate Judge Donna M. Ryu

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AND RELATED CROSS-ACTIONS

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This Joint Request for Alternative Dispute Resolution via Settlement Conference, and request

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to continue the scheduled further case management conference, is submitted on behalf of all parties

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remaining in this litigation, pursuant to ADR Local Rule (L.R.). 7-1.

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR
4869-6598-0534.2
460280-000002

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WHEREAS, the undersigned parties, which are the remaining parties in this case, have been

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engaged in productive settlement discussions and believe further, more structured dispute resolution

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processes will further settlement;

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WHEREAS, the undesigned parties have met and conferred, pursuant to ADR L.R. 3-5, on an

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appropriate ADR procedure and are in agreement that a settlement conference before a judicial

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officer of this court is appropriate and would be beneficial at this time;

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WHEREAS, the undersigned parties are available for a settlement conference on September
13, 14 or 15, 2023;
WHEREAS, a case management conference is currently scheduled for this case for August
30, 2023, at 1:30 p.m.;
WHEREAS, the parties are in agreement that the requested settlement conference should take

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place prior to the next case management conference so that any unresolved and/or outstanding issue

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resulting from the settlement conference can be addressed at a case management conference;

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NOW THEREFOR, the parties hereby stipulate and jointly request:

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1) That all parties be ordered to a mandatory settlement conference before a judicial officer

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of this court, preferably to take place on either September 13, 14 or 15, 2023;
2) That the further case management conference currently scheduled for August 30, 2023, be

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continued to a date after the completion of the settlement conference.
IS IT SO STIPULATED AND REQUESTED.

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Date: August 11, 2023

NIXON PEABODY LLP

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By: /s/ Gregory P. O’Hara
Gregory P. O’Hara
Lauren M. Michals
Attorneys for Plaintiff
MAXIM I PROPERTIES

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR

4869-6598-0534.2
460280-000002

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Dated: August 11, 2023

SOMACH SIMMONS & DUNN

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By: /s/ Theresa C. Barfield
Theresa C. Barfield
Attorneys for Defendant and Cross-Claimant
MOYER PRODUCTS, INC.

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Dated: August 11, 2023

BAY LAW GROUP, LLP

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By: /s/ Joshua A. Bloom
Joshua A. Bloom
Attorneys for Third Party Defendant and
Cross-Claimant
RENESAS ELECTRONICS AMERICA
INC. (FKA INTEGRATED DEVICE
TECHNOLOGY, INC.)

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Dated: August 11, 2023

BERKES CRANE SANTANA & SPANGLER
LLP

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By:

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Dated: August 11, 2023

/s/ Laurie S. Julien
Laurie S. Julien
Viiu Spangler Khare
Attorneys for Defendant
CENTRAL COATING COMPANY, INC.

SILICON VALLEY LAW GROUP

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By: /s/ Kathryn E. Barrett
Jeffrey Scott Lawson
Kathryn E. Barrett
Attorneys for Defendants
TELEWAVE, INC., and
THERMIONICS LABORATORY, INC.

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR

4869-6598-0534.2
460280-000002

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Dated: August 11, 2023

LEWIS, BRISBOIS, BISGAARD & SMITH

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By: /s/ Robert W. Farrell
Glenn A. Friedman
Robert W. Farrell
Attorneys for Defendant
THE SHERWIN-WILLIAMS COMPANY

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Dated: August 11, 2023

BURNHAM BROWN

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By: /s/ Charles Alfonzo
Charles Alfonzo
Attorneys for Defendant
A.M. BUD KROHN and NATIONAL
AUTO RECOVERY BUREAU, INC.

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Dated: August 11, 2023

PAHL & McCAY

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By: /s/ Servando R. Sandoval
Servando R. Sandoval
Attorneys for Defendant
SPRAYTRONICS, INC.

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR

4869-6598-0534.2
460280-000002

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I, Lauren M. Michals, attest under penalty of perjury that I have obtained permission of the
above named counsel to affix their signatures hereto.

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Dated: August 11, 2023

NIXON PEABODY LLP

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By:

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/s/ Lauren M. Michals
Lauren M. Michals
[e-mail]
Attorneys for Plaintiff
MAXIM I PROPERTIES

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR

4869-6598-0534.2
460280-000002

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ORDER (AS MODIFIED)

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PURSUANT TO STIPULATION AND GOOD CAUSE APPEARING, IT IS HERE BY

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ORDER THAT:

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1. This case is referred to a randomly-assigned Magistrate Judge to conduct a Settlement

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Conference which shall be completed within 90 days, or as soon thereafter as is

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convenient to the assigned Magistrate Judge's calendar.

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2. The further case management conference currently scheduled for August 30, 2023 at 1:30

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p.m. is vacated and continued to December 20, 2023 at 1:30 p.m. in Oakland, by

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Videoconference only. Parties shall file an updated joint case management conference

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statement by December 13, 2023. All counsel and parties may access the webinar

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information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/.

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u
a M. Ry

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_________________________
Judge D

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By:

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DATED: August 18, 2023

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IT IS SO ORDERED AS MODIFIED.

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A

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DONNA
M. RYU C
ER
N Magistrate O
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Chief
D I S T I C T Judge
R

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JOINT STIPULATION AND REQUEST FOR ADR VIA SETTLEMENT CONFERENCE AND
REQUEST FOR CONTINUANCE OF CASE MANAGEMENT CONFERENCE; ORDER (AS
MODIFIED) Case No. 4:12-cv-00449 DMR

4869-6598-0534.2
460280-000002