DMP ERSB LLC v. Longwood San Benito LLC et al

Filing 38

MODIFYING CASE SCHEDULE; SETTING STATUS CONFERENCE RE:SETTLEMENT re 37 Stipulation. Status Conference set for 8/30/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Accordingly, the Court modifies the current Case Schedule as follows: Close of Al l Discovery due by 12/7/2010. Last Date to Hear Dispositive Motions due by 3/7/2011. Preliminary Pretrial Conference statement due 10/29/2010. Preliminary Pretrial Conference set for 11/8/2010 11:00 AM in Courtroom 8, 4th Floor, San Jose ***Deadlines terminated re 25 SCHEDULING ORDER. Status Report due by 8/13/2010. Signed by Judge James Ware on 6/28/2010. (ecg, COURT STAFF) (Filed on 6/29/2010)

94111-4213

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

ER

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION Case No. CV 09-02003 JW OR PE L MODIFYING NG A SCHEDULE; STIDURATION SEEKICASEN ORDER SETTING STATUS CONFERENCE VACATING CASE MANAGEMENTRE: DEADLINES AND STAYING CASE; SETTLEMENT [PROPOSED] ORDER

COBLENTZ, PATCH, DUFFY & BASS LLP

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

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
08534.031.1460972v2

Cross-Defendants.

1
STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT DEADLINES AND STAYING CASE

A

C

CV 09-02003 JW

LI

FO

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

UNIT ED

S

S DISTRICT TE C TA

m Judge Ja

es Ware

R NIA

D RDERE S SO O IED IT I DIF AS MO

RT U O

NO

RT

H

1 2

[PR**POSED] ORDER O * ORDER ***

Pursuant to the parties' stipulation: Upon review of the parties' Stipulation, the Court finds good cause to extend the current case 1. The remaining case management deadlines in this case are vacated. 3 schedule to provide the parties with sufficient time to complete their settlement efforts. 2. This case is stayed pending execution of a final settlement agreement between the 4 Accordingly, the Court modifies the current Case Schedule as follows: 5 parties. (1) Close he partiDiscovery: red to file a status report by July7,0, 2010 if the case has not December 3 2010 3. T of All es are orde (2) Last Date for Hearing Dispositive Motions: March 7, 2011 at 9 a.m. 7 been dismiPreliminary PretrialtConference: (3) ssed prior to that da e. November 8, 2010 at 11 a.m. (4) Joint Preliminary Pretrial Statement: October 29, 2010 IT IS SO ORDERED. 8 6
94111-4213

COBLENTZ, PATCH, DUFFY & BASS LLP

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

The 9 Dated: Court also sets August 30, 2010 at 10 a.m. as a Status Conference re: Settlement. On or James Ware Un ted S Joint Status Judge 10 before August 13, 2010, the parties shall either ifile a tates DistrictStatement re: Settlement 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
08534.031.1460972v2

updating the Court on the status of their settlement efforts, or a Stipulated Dismissal.

Dated: June 28, 2010

_________________________ JAMES WARE United States District Judge

3
STIPULATION AND [PROPOSED] ORDER VACATING CASE MANAGEMENT DEADLINES AND STAYING CASE

CV 09-02003 JW