DMP ERSB LLC v. Longwood San Benito LLC et al

Filing 40

STIPULATION AND ORDER EXTENDING TIME TO COMPLETE MEDIATION AND FOR NOMINAL DEFENDANT EL RANCHO SAN BENITO LLC TO RESPOND TO THE COMPLAINT re 39 Stipulation. Signed by Judge James Ware on 7/19/2010. (ecg, COURT STAFF) (Filed on 7/19/2010)

DMB ERSB LLC v. Longwood San Benito LLC et al

Doc. 40

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 and Cross-Defendants 7 DMB REALCO, LLC, DMB COMMUNITIES, LLC, and DMB COMMUNITIES II, LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 10 DMB ERSB LLC, an Arizona limited liability Case No. CV 09-02003 JW 11 company, STIPULATION EXTENDING TIME TO Plaintiff, 12 COMPLETE MEDIATION AND FOR NOMINAL DEFENDANT EL RANCHO v. 13 SAN BENITO LLC TO RESPOND TO THE COMPLAINT; [PROPOSED] LONGWOOD SAN BENITO LLC, a 14 California limited liability company, ORDER 15 16 and Defendant.

COBLENTZ, PATCH, DUFFY & BASS LLP

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

94111-4213

EL RANCHO SAN BENITO LLC, a 17 Delaware limited liability company, 18 19 Nominal Defendant.

LONGWOOD SAN BENITO LLC, a 20 California limited liability company, Cross-Complainant, 21 v. 22 DMB REALCO, LLC, an Arizona limited 23 liability company, DMB COMMUNITIES LLC, an Arizona limited liability company, 24 DMB COMMUNITIES II LLC, an Arizona limited liability company, DMB ERSB LLC, 25 an Arizona limited liability company, and DOES 1-50, 26 Cross-Defendants. 27 28
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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 the details of a complex purchase and sale agreement 5 that will form the basis 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; and 11 WHEREAS, in light of the tentative settlement, the Court entered an order on June 28,

COBLENTZ, PATCH, DUFFY & BASS LLP

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

12 2010 extending certain case management deadlines and requiring the parties to file a joint status 13 statement by August 13, 2010 if the case has not settled by that time; and 14 WHEREAS the Court's June 28 order did not vacate the existing deadlines for the parties

15 to complete mediation and for El Rancho San Benito LLC to file its answer, 16 THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between DMB

17 and Longwood that the deadline to complete mediation should be extended by 60 days, from July 18 16, 2010 to September 14, 2010; and 19 IT IS FURTHER STIPULATED AND AGREED by and between DMB and Longwood

20 that the deadline for El Rancho San Benito LLC to file a response to the complaint should be 21 extended by 60 days, from July 30, 2010 to September 28, 2010. 22 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

23 DATED: July 13, 2010 24 25 26 27 28
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1 DATED: July 12, 2010 2 3 4 5 6
94111-4213

DLA PIPER LLP (US) By: /s/ Matthew S. Covington Matthew S. Covington Attorneys for Defendant and Cross-Complainant LONGWOOD SAN BENITO LLC [PROPOSED] ORDER

Pursuant to the parties' stipulation: 1. The deadline for the parties to complete mediation is hereby extended to

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8 September 14, 2010. 9 2. The deadline for Nominal Defendant El Rancho San Benito LLC to respond to the

COBLENTZ, PATCH, DUFFY & BASS LLP

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

10 complaint is hereby extended to September 28, 2010. 11 IT IS SO ORDERED. James Ware United States District Judge

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