United States Fire Insurance Company v. Vesta Strategies, LLC et al

Filing 197

STIPULATION AND ORDER GRANTING EXTENSION OF PRETRIAL DEADLINES re 195 Notice (Other) re 192 Stipulation. ***Deadlines terminate re 121 Scheduling Order. Close of All Discovery due by 1/13/2012. Last Date for Hearing Dispositive Motions due by 3/26/2012. Preliminary Pretrial Conference statements due 12/2/2011. Preliminary Pretrial Conference set for 12/12/2011 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 11/3/2010. (ecg, COURT STAFF) (Filed on 11/3/2010)

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United States Fire Insurance Company v. Vesta Strategies, LLC et al Doc. 197 1 2 3 4 5 6 7 8 9 10 11 Andrew B. Downs, SBN 111435 E-Mail: andy.downs@bullivant.com BULLIVANT HOUSER BAILEY PC 601 California Street, Suite 1800 San Francisco, California 94108 Telephone: 415.352.2700 Facsimile: 415.352.2701 Attorneys for Plaintiff United States Fire Insurance Company UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No.: C 09 02388 JW PVT STIPULATION AND ORDER REGARDING PRETRIAL DEADLINES UNITED STATES FIRE INSURANCE 12 COMPANY, a corporation, 13 14 vs. Plaintiff, 15 VESTA STRATEGIES, LLC, a limited liability company; SAMUEL W. HENKA, an 16 individual, 17 18 19 20 21 22 23 24 25 26 27 28 2. Plaintiff United States Fire Insurance Company and defendant Vesta Strategies, LLC, by and through its Court-Appointed Receiver Thomas Dillon, stipulate as follows: 1. On December 16, 2009, the Court entered a Scheduling Order at Docket # 121, Defendants. which set various deadlines, including the following: Close of All Discovery Last Date for Hearing Dispositive Motions Preliminary Pretrial Conference at 11:00 a.m. Preliminary Pretrial Conference Statements March 14, 2011 May 9, 2011 February 14, 2011 February 4, 2011 Also on December 16, 2009, the Court entered an Order appointing Thomas Dillon as Receiver of Vesta Strategies, LLC (Docket #123). On December 22, 2009, the 1 STIPULATION AND ORDER REGARDING PRETRIAL DEADLINES C 09 02388 JW PVT 12854140.3 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Receiver's Oath and Affirmation were filed (Docket # 126). On January 13, 2010, the Court approved the Receiver's Bond (Docket # 129). 3. On September 23, 2010, the Court entered an Order appointing the firm of Hollister & Brace as counsel for the Receiver (Docket # 188). 4. In the period between the entry of the Scheduling Order and today, the Court has dismissed the Counterclaim of defendant Henka and the putative class which he sought to represent, leaving only U.S. Fire, Vesta and Samuel Henka as parties to this lawsuit. (Docket # 181, May 27, 2010). U.S. Fire and Henka are contemporaneously submitting a Stipulation and Order for dismissal without prejudice of U.S. Fire's claims against Henka, which will leave U.S. Fire and Vesta, through the Receiver, as the only parties to this action. 5. On October 22, 2010, the Court granted a Stipulation and Order to set aside the default of Vesta and gave Vesta 10 days to file a Counterclaim. Docket # 191. 6. Because Vesta has just appeared in this action, the remaining time allotted for discovery in this action is insufficient to for purposes of resolving the issues between U.S. Fire and Vesta. Vesta and U.S. Fire stipulate and request that the Court amend the December 21, 2009 Scheduling Order to make the deadlines as follows: Close of All Discovery Last Date for Hearing Dispositive Motions Preliminary Pretrial Conference at 11:00 a.m. Preliminary Pretrial Conference Statements January 13, 2012 March 26, 2012 December 12, 2011 December 2, 2011 These dates represent an extension of approximately 10 months, equivalent to the amount of time which has elapsed between the appointment of the Receiver, and the authorization of retention of counsel by the Receiver with the subsequent vacating of the default of Vesta. 2 STIPULATION AND ORDER REGARDING PRETRIAL DEADLINES C 09 02388 JW PVT 12854140.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: October 29, 2010 BULLIVANT HOUSER BAILEY PC By /s/ Andrew B. Downs Andrew B. Downs, SBN 111435 Attorneys for Plaintiff United States Fire Insurance Company DATED: 10/29/10 HOLLISTER & BRACE By /s/ Peter L. Candy (per e-mail authorization) Robert L. Brace, SBN 122240 Peter L. Candy, SBN 149976 Attorneys for Thomas Dillon, Court-Appointed Receiver for defendant Vesta Strategies, LLC and for defendant Samuel Henka ORDER The parties having stipulated and good cause appearing due to the need for the Receiver to retain counsel, IT IS HEREBY ORDERED that the Scheduling Order filed December 16, 2009 (Docket # 121) is modified to substitute the following deadlines in the Case Schedule: Close of All Discovery ( 9) Last Date for Hearing Dispositive Motions ( 10) Preliminary Pretrial Conference at 11:00 a.m. ( 13) Preliminary Pretrial Conference Statements ( 11) January 13, 2012 March 26, 2012 December 12, 2011 December 2, 2011 All other provisions and deadlines set in the Scheduling Order filed December 16, 2009 (Docket # 121) shall remain in full force and effect. DATED: November 3, 2010 United States District Judge 3 STIPULATION AND ORDER REGARDING PRETRIAL DEADLINES C 09 02388 JW PVT 12854140.3

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