Mora et al v. Jerry Garcia Estate, LLC et al

Filing 10

STIPULATION AND ORDER GRANTING FURTHER EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT re 9 Stipulation filed by Merl Saunders, Jr., Anthony Saunders Washington, Susan Mora. Signed by Judge Patricia V. Trumbull on June 11, 2009. (pvtlc2, COURT STAFF) (Filed on 6/11/2009)

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RICHARD J. IDELL (SBN 069033) ORY SANDEL (SBN 233204) IDELL & SEITEL LLP 465 California Street, Suite 300 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs KEITH KANDARIAN (SBN 81290) TOBIN & TOBIN 500 Sansome Street, Eighth Floor San Francisco, CA 94111-3214 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Jerry Garcia Estate, LLC ERIC DONEY (SBN 76260) LAWRENCE K. ROCKWELL (SBN 72410) ERIC A. HANDLER (SBN 224637) DONAHUE GALLAGHER WOODS LLP 591 Redwood Hwy, Suite 1200 Mill Valley, CA 94941-6000 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Jerry Garcia Family LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SUSAN MORA, as Trustee of The Merl Saunders Trust; MERL SAUNDERS, JR., as Trustee of The Merl Saunders Trust; and ANTHONY SAUNDERS WASHINGTON, as Trustee of The Merl Saunders Trust, Plaintiffs, v. JERRY GARCIA ESTATE, LLC, a California limited liability company; JERRY GARCIA FAMILY LLC, a California limited liability company; and DOES 1 through 1000, inclusive, Defendants.
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CASE NO. 5:08-CV-05772-PVT

CASE NO. 5:08-CV-05772-PVT STIPULATION RE: FURTHER EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT;
XXXXXXXXXXX [PROPOSED] ORDER

Honorable Patricia V. Trumbull

STIPULATION RE: FURTHER EXTENSION OF TIME TO SERVE SUMMONS AND COMPLAINT; [PROPOSED] ORDER

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This Stipulation is entered into by and between SUSAN MORA, as Trustee of The Merl Saunders Trust; MERL SAUNDERS, JR., as Trustee of The Merl Saunders Trust; and ANTHONY SAUNDERS WASHINGTON, as Trustee of The Merl Saunders Trust (collectively "Plaintiffs"), on the one hand, and JERRY GARCIA ESTATE, LLC, a California limited liability company, and JERRY GARCIA FAMILY, LLC, a California limited liability company (collectively "Defendants"), on the other hand. Plaintiffs and Defendants may be referred to herein severally as a "Party" or jointly as the "Parties." This Stipulation is made with reference to the following recitals: 1. On December 29, 2008 (the "Filing Date"), Plaintiffs filed this action naming as

defendants herein JERRY GARCIA ESTATE, LLC, a California limited liability company, and JERRY GARCIA FAMILY, LLC, a California limited liability company, as well as Doe defendants. 2. Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the Summons and

Complaint must be served within one hundred twenty (120) days of the Filing Date, i.e., by April 25, 2009. 3. On April 10, 2009, pursuant to stipulation of the parties, the Court ordered the last date to

serve the Summons and Complaint by forty-five (45) days, to June 9, 2009 and continued the Case Management Conference until August 11, 2009 at 2:00 p.m., with all related dates adjusted accordingly. 4. Since April 10, 2009, counsel for Plaintiffs has conferred and corresponded with counsel

for Defendants and certain third parties, including members and managers of each of Defendants, who Plaintiffs may seek to name as substituted "Doe defendants," regarding settlement of this action. 5. Pending the settlement negotiations, Plaintiffs have continued to refrain from serving the

Summons and Complaint. 6. The Parties have not yet concluded settlement negotiations and have mutually agreed to a

further extension of forty-five (45) days in which to serve the Summons and Complaint, to and including July 24, 2009. 7. The Parties previously sought and agreed to the above-referenced forty-five day

extension of time to serve the Summons and Complaint. The Parties anticipate that the further time modifications agreed to and requested herein will: (a) necessitate and justify a continuance of the Case
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Management Conference currently scheduled by the Court for August 11, 2009; and (b) potentially save the Court from expending further resources on this action should the Parties be successful in their settlement negotiations. NOW THEREFORE, subject to approval by the Court, the Parties agree as follows: 1.0 2.0 The foregoing recitals are hereby incorporated by this reference. Plaintiffs shall have to and including July 24, 2009, to serve the Summons and Complaint in this action. 3.0 The Case Management Conference currently scheduled for August 11, 2009, shall be continued until September 29, 2009, at 2:00 p.m., or as soon thereafter as the Court may schedule, with all related dates adjusted accordingly. 4.0 Plaintiffs shall file this Stipulation with the Court for an order thereon. IDELL & SEITEL, LLP Dated: June 5, 2009 By: /s/ Richard J. Idell Richard J. Idell Ory Sandel Attorneys for Plaintiffs TOBIN & TOBIN Dated: June 5, 2009 By: /s/ Keith Kandarian Keith Kandarian Attorneys for Defendant Jerry Garcia Estate, LLC DONAHUE GALLAGHER WOODS LLP Dated: June 5, 2009 By: /s/ Eric A. Handler Eric Doney Lawrence K. Rockwell Eric A. Handler Attorneys for Defendant Jerry Garcia Family LLC

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:
June 11, 2009

HONORABLE PATRICIA V. TRUMBULL UNITED STATES CHIEF MAGISTRATE JUDGE

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