Eclectic Properties East, LLC et al v. The Marcus & Millichap Company et al

Filing 229

ORDER on Stipulated Request [227-3] shortening time for hearing on discovery motions and setting briefing schedule. Signed by Judge Whyte on 1/4/10. (rmwlc3, COURT STAFF) (Filed on 1/4/2010) Modified on 1/4/2010 (rmwlc3, COURT STAFF).

1 Eric J. Schindler (SBN 141386)

THE SCHINDLER LAW FIRM 2 384 Forest Avenue, Suite 20 Laguna Beach, California 92651 3 Voice: 949-464-9713 Fax: [phone] Email: [e-mail]
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E-Filed on 1/4/10

5 Attorneys for Defendants Paul A. Morabito and Baruk Management, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. 09-CV-00511-RMW (RS) STIPULATED REQUEST BY DEFENDANT PAUL A. MORABITO AND PLAINTIFFS FOR AN ORDER SHORTENING TIME FOR BRIEFING AND HEARING ON DISCOVERY MOTIONS [L-R 6-2]; and [PROPOSED] ORDER [L-R 7-12] Judge: Hon. Ronald M. Whyte Date: January 22, 2010 Time: 9:00h a.m. Crtm: 6, 4t Floor

ECLECTIC PROPERTIES EAST, LLC, 12 a California Limited Liability Company, et al.,
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Plaintiffs, v.

THE MARCUS & MILLICHAP COMPANY, a California corporation, et 18 al.,
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Defendants.

Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS)

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RECITALS 1. On December 28, 2009, Plaintiffs filed and served a notice of motion

3 and motion to compel Defendant Paul A. Morabito's compliance with the Court's 4 July 13, 2009, Order to appear for a half-day oral deposition limited to personal 5 jurisdiction issues, set for hearing on January 22, 2010, at 9:00 a.m.--less than the 6 35-day notice required under L-R 7-2(a). 7 8 9 10 11 12 13 14 15

2.

On January 4, 2010, Mr. Morabito filed and served a motion for a

protective order prohibiting his deposition due to serious health risks, set for hearing on January 22, 2009, at 9:00 a.m..--less than the 35-day notice required under L-R 7-2(a). 3. Mr. Morabito and Plaintiffs agree that it is in their best interests and the interests of judicial efficiency and economy to brief and then hear both motions on shortened notice on January 22, 2009, at 9:00 a.m., when the parties will be before the Court for a hearing on various defense motions to dismiss. A case management conference is also scheduled on January 22, 2009, at 10:30 a.m. 4. Based on these recitals, Mr. Morabito and Plaintiffs stipulate to an order STIPULATION 5. Mr. Morabito and Plaintiffs shall each file and serve any response to the

16 shortening time as follows: 17 18

19 other's discovery motion regarding a deposition of Mr. Morabito no later than 12:00 20 noon (PT) on January 11, 2010. 21

6. 7.

Mr. Morabito and Plaintiffs shall each file and serve any reply to the The discovery motions shall be set for hearing on January 22, 2010, at
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22 other's response no later than 12:00 noon (PT) on January 15, 2010. 23 25 / / / 26 27 28 -2Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS) 24 9:00 a.m. in Dept. 6, 4 Floor of this Court.

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I SO STIPULATED:
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Dated: December 31, 2009

TTIE SCHINDLER LA\M FIRM

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Eric J. Schindler Atûorneys for Defendants Paul A. Morabito and Baruk Management, Inc.

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l0 Dated: December 3t, 2009

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COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

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ORDER 1. Mr. Morabito and Plaintiffs shall each file and serve any response to the

4 other's discovery motion regarding a deposition of Mr. Morabito no later than 12:00 5 noon (PT) on January __, 2010. 6

2. 3.

Mr. Morabito and Plaintiffs shall each file and serve any reply to the The discovery motions shall be set for hearing on January 22, 2010, at

7 other's response no later than12:00 noon (PT) on January __, 2010. 8 9 10 11

9:00 a.m. in Dept. 6, 4th Floor of this Court. PURSUANT TO STIPULATION, IT IS SO ORDERED. ___________________________ The Honorable Ronald M. Whyte United States District Court Judge

12 Dated: January __, 2010 4 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

-4Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS)

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CERTIFICATE OF SERVICE I hereby certify that on January 4, 2010, I electronically filed the foregoing

4 document with the Clerk of the Court using the CM/ECF system which will send 5 notification of such filing to the e-mail addresses denoted on the attached Electronic 6 Mail Notice List, and I hereby certify that I have mailed the foregoing document by 7 the United States Postal Service to the non-CM/ECF participants indicated on the 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS)

attached Manual Notice List. I certify under penalty of perjury under the laws of The United States of America that the foregoing is true. Signed on January 4, 2010, at Laguna Beach, California. __________________ Eric J. Schindler

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ELECTRONIC MAIL NOTICE LIST Case No. 09-CV-00511-RMW (RS) The following are those who are currently on the list to receive e-mail notices for this case: · Mary B. Clark [e-mail] · John Granville Crabtree [e-mail] · James L. Davidson [e-mail] · Stuart Andrew Davidson [e-mail] · Christopher H. Doyle [e-mail],[e-mail] · Katherine Blanca Farkas [e-mail] · Joshua A. Gratch [e-mail] · Michael John Hassen [e-mail],[e-mail],[e-mail] · Bailie L Heikkinen [e-mail] · Timothy Alan Horton [e-mail] [e-mail] · Daniel E. Jackson [e-mail] [e-mail] [e-mail]
-6Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS)

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· John Watkins Keker [e-mail] · Cullin Avram O'Brien [e-mail] · Daniel Edward Purcell [e-mail] [e-mail] · Y. David Scharf [e-mail] [e-mail] [e-mail] · David Charles Scheper [e-mail] · Michael Lloyd Smith [e-mail] · Bonny E. Sweeney [e-mail] · Phong L. Tran [e-mail] [e-mail] · David J. George [e-mail] · Dennis C. Vacco [e-mail] · Kevin J. Cross [e-mail] · Eric J. Schindler [e-mail]

-7Stipulated Request by Defendant Paul A. Morabito and Plaintiffs for Order Shortening Time for Briefing and Hearing on Discovery Motions; Proposed Order--09-CV-00511-RMW (RS)