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

Filing 263

STIPULATION AND ORDER 262 to Set Briefing Schedule on Motions to Dismiss and to Exceed the Page Limits on Briefs: Case Management Conference set for 6/11/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Motion Hearing set for 6/11/2010 09:00 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 4/15/10. (jg, COURT STAFF) (Filed on 4/15/2010)

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KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 DANIEL PURCELL - #191424 DAN JACKSON - #216091 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendants THE MARCUS & MILLICHAP COMPANY, SOVEREIGN INVESTMENT COMPANY, SOVEREIGN SCRANTON LLC, SOVEREIGN CC, LLC, and SOVEREIGN JF, LLC

*E-FILED - 4/15/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ECLECTIC PROPERTIES EAST, LLC, a California Limited Liability Company, et al., Plaintiffs, v. THE MARCUS & MILLICHAP COMPANY, a California corporation, et al., Defendants. Case No. C-09-00511 RMW (RS) STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS; [] ORDER

484599.01

STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS CASE NO. C-09-00511 RMW (RS)

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STIPULATION WHEREAS, on March 22, 2010, plaintiffs filed their First Amended Complaint; and WHEREAS, plaintiffs' First Amended Complaint is 230 pages and 826 paragraphs long, and contains significant factual and legal complexities; and WHEREAS, defendants anticipate filing motions to dismiss challenging the sufficiency of the First Amended Complaint; and WHEREAS, the parties jointly wish to provide for a modest extension of deadlines that will allow full briefing of all the issues to be decided on any motions to dismiss; and WHEREAS, the parties also wish to stipulate to an extension of page limits on the briefs related to the motions to dismiss to permit full discussion of all relevant issues; THEREFORE, the parties hereby stipulate and jointly request that: 1. Any defendant wishing to file a motion to dismiss shall do so no later than April

16, 2010. The following defendants or groups of defendants shall be entitled to an extension of the page limits on their motions to dismiss: a. Defendants The Marcus & Millichap Company, Sovereign Investment Company, Sovereign Scranton LLC, Sovereign CC LLC, and Sovereign JF LLC (collectively the "TMMC and Sovereign Defendants") will file one consolidated motion to dismiss of no more than 30 pages; and Defendants Marcus & Millichap Real Estate Investment Services, Marcus & Millichap Real Estate Investment Brokerage Company, Marcus Muirhead, Sean Perkin, Donald Emas, Andrew Lesher, Stewart Weston, Brice Head, and Bret King (collectively the "REIS Defendants") will file one or more motions to dismiss of no more than 30 pages in total and one consolidated joinder in the TMMC and Sovereign Defendants' motion to dismiss; and Defendant PGP Valuation, Inc. ("PGP") will file one motion to dismiss of no more than 30 pages; and

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484599.01

STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS CASE NO. C-09-00511 RMW (RS)

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d.

Defendants Paul A. Morabito and Baruk Management, Inc. (collectively the "Morabito Defendants") will file one consolidated motion to dismiss of no more than 40 pages.

Plaintiffs shall file one consolidated opposition to defendants' motions to dismiss

no later than May 14, 2010. Plaintiffs' consolidated opposition shall be no longer than 70 pages. 3. Defendants shall file any replies in support of their motions no later than May 28,

2010. The following defendants or groups of defendants shall be entitled to an extension of the page limits on their reply briefs: a. The TMMC and Sovereign Defendants will file one consolidated reply memorandum of no more than 25 pages; and b. The REIS Defendants will file one or more reply memoranda of no more than 20 pages in total, and a consolidated joinder in the TMMC and Sovereign Defendants' reply memorandum; and c. d. PGP will file one reply memorandum of no more than 20 pages; and The Morabito Defendants will file one consolidated reply memorandum of no more than 25 pages. The parties respectfully request a hearing date of June 11, 2010. The parties also

further request that, if the Court believes it necessary, it also hold the initial Case Management Conference on June 11, 2010. IT IS SO STIPULATED.

Dated: March 29, 2010

KEKER & VAN NEST, LLP

By: Daniel Purcell DANIEL PURCELL Attorneys for Defendants THE MARCUS & MILLICHAP COMPANY, SOVEREIGN INVESTMENT COMPANY, SOVEREIGN SCRANTON LLC, SOVEREIGN CC, LLC, and SOVEREIGN JF, LLC 2
STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS CASE NO. C-09-00511 RMW (RS)

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Dated: March 29, 2010

OVERLAND BORNSTEIN SCHEPER & KIM LLP

By: Concurrence obtained General Order 45B.X DAVID C. SCHEPER Attorneys for Defendants MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES INC., MARCUS & MILLICHAP REAL ESTATE INVESTMENT BROKERAGE COMPANY, MARCUS MUIRHEAD, SEAN PERKIN, DONALD EMAS, ANDREW LESHER, STEWART WESTON, BRICE HEAD, and BRET KING Dated: March 29, 2010 MCKENNON|SCHINDLER LLP

By: Concurrence obtained General Order 45B.X ERIC J. SCHINDLER Attorneys for Defendants PAUL A. MORABITO and BARUK MANAGEMENT, INC. Dated: March 29, 2010 MANNING & MARDER, KASS, ELLROD, RAMIREZ LLP

By: Concurrence obtained General Order 45B.X MICHAEL L. SMITH Attorneys for Defendant PGP VALUATION, INC. Dated: March 29, 2010 HOPKINS & CARLEY

By: Concurrence obtained General Order 45B.X EUGENE ASHLEY Attorneys for Defendants GLEN KUNOFSKY and DAIZY GOMEZ

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STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS CASE NO. C-09-00511 RMW (RS)

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Dated: March 29, 2010

McKENNA LONG & ALDRIDGE LLP

By: Concurrence obtained General Order 45B.X TIMOTHY A. HORTON Attorneys for Defendants TIBAROM NY LLC and TIBAROM PA LLC Dated: March 29, 2010 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

By: Concurrence obtained General Order 45B.X DAVID J. GEORGE Attorneys for Plaintiffs (listed on Caption pages)

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STIPULATED JOINT MISCELLANEOUS ADMINISTRATIVE REQUEST TO SET BRIEFING SCHEDULE ON MOTIONS TO DISMISS AND TO EXCEED THE PAGE LIMITS ON BRIEFS CASE NO. C-09-00511 RMW (RS)

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[] ORDER Pursuant to the stipulation of the parties, it is hereby ordered that: 1. Any defendant wishing to file a motion to dismiss shall do so no later than April

16, 2010. The following defendants or groups of defendants shall be entitled to an extension of the page limits on their motions to dismiss: a. Defendants The Marcus & Millichap Company, Sovereign Investment Company, Sovereign Scranton LLC, Sovereign CC LLC, and Sovereign JF LLC (collectively the "TMMC and Sovereign Defendants") will file one consolidated motion to dismiss of no more than 30 pages; and Defendants Marcus & Millichap Real Estate Investment Services, Marcus & Millichap Real Estate Investment Brokerage Company, Marcus Muirhead, Sean Perkin, Donald Emas, Andrew Lesher, Stewart Weston, Brice Head, and Bret King (collectively the "REIS Defendants") will file one or more motions to dismiss of no more than 30 pages in total and one consolidated joinder in the TMMC and Sovereign Defendants' motion to dismiss; and Defendant PGP Valuation, Inc. ("PGP") will file one motion to dismiss of no more than 30 pages; and Defendants Paul A. Morabito and Baruk Management, Inc. (collectively the "Morabito Defendants") will file one consolidated motion to dismiss of no more than 40 pages. Plaintiffs shall file one consolidated opposition to defendants' motions to dismiss

no later than May 14, 2010. Plaintiffs' consolidated opposition shall be no longer than 70 pages. 3. Defendants shall file any replies in support of their motions no later than May 28,

2010. The following defendants or groups of defendants shall be entitled to an extension of the page limits on their reply briefs: a. The TMMC and Sovereign Defendants will file one consolidated reply memorandum of no more than 25 pages; and 5

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[] ORDER CASE NO. C-09-00511 RMW (RS)

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b.

The REIS Defendants will file one or more reply memoranda of no more than 20 pages in total, and a consolidated joinder in the TMMC and Sovereign Defendants' reply memorandum; and

c. d.

PGP will file one reply memorandum of no more than 20 pages; and The Morabito Defendants will file one consolidated reply memorandum of no more than 25 pages.

The hearing on defendants' motions to dismiss the First Amended Complaint will

occur at 9:00 a.m. on June 11, 2010. If necessary, the initial Case Management Conference in this case will follow the hearing on the motions to dismiss. IT IS SO ORDERED.

Dated: 4/15/10

_________________________________ HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

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[] ORDER CASE NO. C-09-00511 RMW (RS)