United States Small Business Administration v. Redleaf Group, Inc

Filing 141

ORDER CONTINUING STATUS CONFERENCE RE SETTLEMENT re 140 Case Management Statement. Stipulated Dismissal or Joint Status Report due by 4/17/2009. Status Conference set for 4/27/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 3/25/2009. (ecg, COURT STAFF) (Filed on 3/26/2009)

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UNIT ED Gregory C. Nuti (Bar No. 151754) 1 Schnader Harrison Segal & Lewis LLP One Montgomery Street, Suite 2200 2 San Francisco, CA 94104-5501 Telephone: 415-364-6700 3 Facsimile: 415-364-6785 4 Beverley Hazelwood Lewis Trial Attorney, Office of General Counsel 5 U.S. Small Business Administration 409 3rd Street, S.W., Seventh Floor 6 Washington, D.C. 20416 Telephone (202) 205-6857 7 Facsimile (202) 481-0325 S S DISTRICT TE C TA ER N 8 Attorneys for Plaintiff, United States Small Business Administration 9 in its capacity as Receiver for Aspen Ventures III, L.P. 10 1SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: 415-364-6700 F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C07-05350 JW PVT ORNT STATEMENT U STATUS JOIDER CONTINUINGPDATING THE CONFERENCE RE: SETTLEMENT COURT ON THE PROGRESS TOWARDS SETTLEMENT Date: March 30, 2009 Time: 10:00 a.m. Location: 280 South First Street, Courtroom 8, 4th Floor San Jose, CA Judge: Honorable James Ware 11 12 13 UNITED STATES SMALL BUSINESS 14 ADMINISTRATION IN ITS CAPACITY AS RECEIVER FOR ASPEN VENTURES III, L.P., 15 Plaintiff, 16 vs. 17 REDLEAF GROUP, INC., 18 19 20 21 22 23 24 ASPEN VENTURES MANAGEMENT III, LLC, a Delaware Limited Liability Company, 26 ALEXANDER P. CILENTO, a California resident, and DAVID CROCKETT, a California 27 resident, and DOES 1-10, 25 28 Third-Party Defendants. 1} PHDATA 3064870_1 Defendants. REDLEAF GROUP, INC., Third-Party Plaintiff, vs. UPDATED JOINT CMC STATEMENT A C LI FO mes Wa Judge Ja re R NIA O OR IT IS S DERED RT U O NO RT H 1 Plaintiff the United States Small Business Administration ("SBA") in its capacity 2 as Receiver for Aspen Ventures III, L.P. ("Aspen Ventures"), defendant and third party plaintiff 3 Redleaf Group, Inc. ("Redleaf"), and third party defendants Aspen Ventures Management III, 4 LLC, a Delaware Limited Liability Company ("AVM"), Alexander P. Cilento ("Cilento"), and 1 5 David Crockett ("Crockett") , hereby submit their Joint Statement Updating the Court on the 6 Progress Towards Settlement, in accordance with the Court's Order dated February 19, 2009. 7 On February 19, 2009, this Court issued an Order Continuing Case Management 8 Conference (Dkt. 139) that continued the Case Management Conference set for February 19, 9 2009, to March 30, 2009, and ordered the parties to file by March 20, 2009, either Requests for 10 Dismissal or a further joint statement updating the Court on the progress toward settlement and 2SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: 415-364-6700 11 providing the Court with an estimate of the amount of time needed to reduce the settlement to 12 writing. 13 The parties have exchanged drafts of a proposed settlement agreement. The 14 parties believe that they will need an additional three weeks to completely reduce their settlement 15 to writing. 16 Dated: March 20, 2009 17 18 19 20 21 22 23 24 25 26 27 28 1 SCHNADER HARRISON SEGAL & LEWIS LLP By: /s/ Gregory C. Nuti Gregory C. Nuti Attorneys for Plaintiff, the United States Small Business Administration in its capacity as Receiver for Aspen Ventures III, L.P. Dated: March 20, 2009 K&L GATES LLP AVM, Crockett and Cilento are collectively referred to as the "3rd Party Defendants". 2} PHDATA 3064870_1 UPDATED JOINT CMC STATEMENT 1 2 3 4 Dated: March 20, 2009 5 6 7 8 9 10 3SCHNADER HARRISON SEGAL & LEWIS LLP ONE MONTGOMERY STREET, SUITE 2200 SAN FRANCISCO, CA 94104-5501 TELEPHONE: 415-364-6700 By: /s/ Matthew Ball Matthew Ball Attorneys for Defendant and 3rd Party Plaintiff Redleaf Group, Inc. TAYLOR & COMPANY LAW OFFICES, LLP By: /s/ Jessica L. Grant Jessica L. Grant Attorneys for 3rd Party Defendants David Crockett and Alexander Cilento Dated: March 20, 2009 COBLENTZ, PATCH, DUFFY & BASS, LLP 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: March 25, 2009 *** ORDER *** By: /s/ William Orrick, III William Orrick, III Attorneys for 3rd Party Defendant Aspen Ventures Management For good cause shown, the Court continues the Status Conference re: Settlement currently set for March 30, 2009 to April 27, 2009 at 10 a.m. On or before April 17, 2009, the parties shall file their Stipulated Dismissals. In the event that the parties are unable to file the appropriate dismissals on that date, the parties shall file a further Joint Statement, updating the Court on their progress toward settlement and providing the Court with an estimate as to the additional time they will need to reduce their settlement to a writing. ________________________ JAMES WARE United States District Court 3} PHDATA 3064870_1 UPDATED JOINT CMC STATEMENT

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