DMP ERSB LLC v. Longwood San Benito LLC et al

Filing 43

ORDER CONTINUING CONFERENCE RE STATUS OF SETTLEMENT re 41 Status Report. On or before 9/3/2010, the parties shall either file a Joint Status Report or the Stipulated Dismissal to bring this case to a close. Status Conference set for 9/13/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/25/2010. (ecg, COURT STAFF) (Filed on 8/25/2010)

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DMB ERSB LLC v. Longwood San Benito LLC et al Doc. 43 COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 6 Attorneys for Plaintiff and Cross-Defendant DMB ERSB LLC and Cross-Defendants ER 7 DMB REALCO, LLC, DMB COMMUNITIES, C N LLC, and DMB COMMUNITIES II, LLC OF D IS T IC T R 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, 94111-4213 12 13 v. Plaintiff, LONGWOOD SAN BENITO LLC, a 14 California limited liability company, 15 16 and Defendant. ORDER CONTINUING JOINT STATUS STATEMENT CONFERENCE RE: TLEMENOF CONCERNING SET STATUS T SETTLEMENT 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 13703.003.1519532v1 1 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME CV 09-02003 JW Dockets.Justia.com A LI FO m Judge Ja es Ware R NIA 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: 415.391.4800 4 Facsimile: 415.989.1663 Email: ef-rrp@cpdb.com ef-bjs@cpdb.com 5 UNIT ED S S DISTRICT TE C TA OO IT IS S RDERE D RT U O NO RT H 1 PurThis tcasehis Court's Juset 29, 2010 ordConference re:nSettlement on ust 30, 230,02010.s suan to t e currently ne for a Status er and in adva ce of the Aug August 01 statu 2 confereupon Plaintiff and Cross-Defendant DMB ERSB LLC ("DMB") and toeSeptember 13,ossBased nce, the parties' representation, the Court continues the Conference D fendant and Cr 3 Compatinana.m. NGWOODthe partiesNITO LLC time ngwood") their by submit thisajoint statand nt 2010 la 10 t LO to provide SAN BE additional ("Lo to reduce here settlement to writing eme 4 concerning the status of settlement. file the appropriate Stipulated Dismissal. The parties have negotiated a complex agreement to distribute certain property rights 5 On or before September 3, 2010, the parties shall either file a Joint Status Report or 6 associated with the El Rancho San Benito venture, and to transfer DMB's membership interest in 94111-4213 he Stipulated Dismissal to bring ave reso ve a all of 7 tthe venture to Longwood. They hthis caselto d close. the major points of contention and are in the 8 process of resolving the minor technical issues that remain. The parties currently plan to sign the 9 settlemAuguste25, ent by August 18, 2010. Once the agreement is signed, a two-stage closing Date: ent agr em 2010 _________________________ JAMES WAREum of three days. The parties are 10 process will occur, with the stages separated by a minim United States District Judge 11 optimistic that the second stage of the closing process will be completed during the week of 12 August 23, 2010, after which the parties are required to file a stipulation of dismissal within three 13 days. Barring unforeseen circumstances, the parties expect to file a stipulation of dismissal by 14 August 27, 2010, which would obviate the need for the August 30, 2010 status conference. 15 DATED: August 13, 2010 16 17 18 19 20 21 22 23 24 25 26 27 28 13703.003.1519532v1 COBLENTZ, PATCH, DUFFY & BASS LLP ONE FERRY BUILDING, SUITE 200, SAN FRANCISCO, CALIFORNIA 415.391.4800 FAX 415.989.1663 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 joint status statement. Pursuant to General Order 45, I hereby attest that Matthew S. Covington has concurred in this filing. DATED: August 13, 2010 DLA PIPER LLP (US) By: /s/ Matthew S. Covington Matthew S. Covington Attorneys for Defendant and Cross-Complainant LONGWOOD SAN BENITO LLC 2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME CV 09-02003 JW

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