DMP ERSB LLC v. Longwood San Benito LLC et al

Filing 36

STIPULATION AND ORDER Granting Extension of Time Time to Complete Mediation and for Nominal Defendant El Rancho San Benito LLC to Respond to the Complaint; re 35 Stipulation. Mediation deadline 7/16/2010. Response to Complaint due 7/30/2010. Signed by Judge James Ware on 5/10/2010. (ecg, COURT STAFF) (Filed on 5/10/2010)

1 RICHARD R. PATCH (State Bar No. 88049) BRIAN J. SCHMIDT (State Bar No. 265937) 2 COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200 3 San Francisco, California 94111-4213 Telephone: [phone] Facsimile: 415.989.1663 Email: [e-mail] [e-mail] 5 6 Attorneys for Plaintiff and Cross-Defendant DMB ERSB LLC 7 and Cross-Defendants DMB REALCO, LLC, DMB COMMUNITIES, LLC, 8 and DMB COMMUNITIES II, LLC 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION Case No. CV 09-02003 JW STIPULATION EXTENDING TIME TO COMPLETE MEDIATION AND FOR NOMINAL DEFENDANT EL RANCHO SAN BENITO LLC TO RESPOND TO THE COMPLAINT; [PROPOSED] ORDER

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

94111-4213

11 DMB ERSB LLC, an Arizona limited liability company, 12 Plaintiff, 13 v. 14 LONGWOOD SAN BENITO LLC, a California limited liability company, 15 Defendant. 16 and 17 EL RANCHO SAN BENITO LLC, a Delaware limited liability company, 18 Nominal Defendant. 19 20 LONGWOOD SAN BENITO LLC, a California limited liability company, 21 Cross-Complainant, 22 v. 23 DMB REALCO, LLC, an Arizona limited liability company, DMB COMMUNITIES 24 LLC, an Arizona limited liability company, DMB COMMUNITIES II LLC, an Arizona 25 limited liability company, DMB ERSB LLC, an Arizona limited liability company, and 26 DOES 1-50, 27 28
13703.003.1420463v1

Cross-Defendants.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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STIPULATION WHEREAS Plaintiff and Cross-Defendant DMB ERSB LLC ("DMB") and Defendant and

3 Cross-Complainant Longwood San Benito LLC ("Longwood") have reached a tentative settlement 4 of this matter and are currently finalizing a Purchase and Sale Agreement that will form the basis 5 of the final settlement; and 6
94111-4213

WHEREAS, in light of the foregoing, the parties believe that there is no present need for

7 mediation or another form of alternative dispute resolution; 8 WHEREAS, in light of the foregoing, the parties also believe that there is no present need

9 to resolve the dispute over who has authority to file an answer on behalf of Nominal Defendant El 10 Rancho San Benito LLC; 11 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between DMB

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

12 and Longwood that the deadline to complete mediation should be extended by approximately 60 13 days, from May 19, 2010 to July 16, 2010; and 14 IT IS FURTHER STIPULATED AND AGREED by and between DMB and Longwood

15 that the deadline for El Rancho San Benito LLC to file a response to the complaint should be 16 extended by approximately 60 days, from June 1, 2010 to July 30, 2010. 17 18 19 DATED: May 6, 2010 20 21 22 23 24 25 26 27 28
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IT IS SO STIPULATED.

COBLENTZ, PATCH, DUFFY & BASS LLP By: /s/ Brian J. Schmidt Brian J. Schmidt Attorneys for Plaintiff and Cross-Defendant DMB ERSB LLC and Cross-Defendants DMB REALCO, LLC, DMB COMMUNITIES, LLC, and DMB COMMUNITIES II, LLC

I, Brian J. Schmidt, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. Pursuant to General Order 45, I hereby attest that Margaret A. Crawford has concurred in this filing.

DATED: May 6, 2010

DLA PIPER LLP (US) By: /s/ Margaret A. Crawford Margaret A. Crawford Attorneys for Defendant and Cross-Complainant LONGWOOD SAN BENITO LLC 2
CV 09-02003 JW

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

1 2 3 4 2010. 5 2.

[PROPOSED] ORDER Pursuant to the parties' stipulation: 1. The deadline for the parties to complete mediation is hereby extended to July 16,

The deadline for Nominal Defendant El Rancho San Benito LLC to respond to the

6 complaint is hereby extended to July 30, 2010.
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7 8 Dated: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IT IS SO ORDERED. May 10, 2010 James Ware United States District Judge

COBLENTZ, PATCH, DUFFY & BASS LLP

ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 · FAX [phone]

13703.003.1420463v1

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME

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