APEX Advance Holdings Limited v. Rivkin et al

Filing 26

STIPULATION AND ORDER Granting Request for Redaction of Exhibit I to Complaint re 16 Stipulation. Signed by Judge Edward J. Davila on 5/25/2011. (ecg, COURT STAFF) (Filed on 5/25/2011)

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JOHN DINAPOLI (SBN 84365)
STEVEN J. SIBLEY (SBN 152365)
DINAPOLI & SIBLEY
Ten Almaden Boulevard, Suite 1250
San Jose, CA 95113-2271
Telephone: [phone]
Facsimile:
[phone]
e-mail:
[e-mail]

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Attorneys for Plaintiff APEX
ADVANCE HOLDINGS LIMITED

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UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA

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(San Jose Division)

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APEX ADVANCE HOLDINGS LIMITED,
a corporation,
Plaintiff,

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CV-11-02051 EJD (PSG)
PSG ADR

STIPULATION FOR REDACTION OF
EXHIBIT TO PLAINTIFF’S COMPLAINT;
AND ORDER

v.
VLADIMIR RIVKIN, et al,

Case No.

Defendants.

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[Northern District Local Rule 7-12; Fed. R.
Civ. Proc. 5.2(a)]

In compliance with Fed. R. Civ. Proc. 5.2(a), the parties to this action, through their
respective attorneys, stipulate that the Court shall redact Exhibit “I” to plaintiff’s Complaint in this
action to remove certain confidential information of defendant IGOR JONATAN SCHMIDT,
specifically, his date of birth, driver’s license no., U.S. Passport no., and Social Security no.
The redaction would be accomplished by the Clerk’s withdrawing and destroying the existing
Exhibit “I” from the hard copy of the Complaint which plaintiff filed at the inception of this action
on April 26, 2011, and from the copy of the Complaint which plaintiff’s counsel subsequently emailed to the assigned Judge Paul S. Grewal on May 4, 2011, pursuant to General Order 45(V).
Plaintiff’s counsel represents that he has not e-filed a copy of that Complaint with the
Clerk of the Court and he that inadvertently attached an unredacted copy of Exhibit “I” to the
Complaint, while having expressly redacted similar confidential information from several other
Exhibits to the Complaint.
A redacted copy of Exhibit “I,” in the form to inserted in the Complaint, is attached hereto
as Exhibit 1.
STIPULATION AND ORDER TO REDACT EXHIBIT
C:\Cases\Apex\Redact.Stip.wpd

Case No. CV-11-02051 PSG ADR

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The parties further stipulate that the execution of this Stipulation by counsel for

2 defendants VLADIMIR RIVKIN and EFIM RIVKIN is not intended to be and shall not be
3 construed as their general appearance in this action or the waiver or other limitation of their
4 presently pending Motion to dismiss the action for lack of diversity jurisdiction.
5 Dated:
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May 5, 2011

DINAPOLI & SIBLEY

BAY AREA LAW FIRM, APC

By:

By:

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/s/
JOHN DINAPOLI, Attorneys for
Plaintiff APEX ADVANCE
HOLDINGS LIMITED and
Defendants IGOR JONATAN
SCHMIDT and REGINA SCHMIDT

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/s/
CARLOS MARTINEZ, Attorneys for
Defendants VLADIMIR RIVKIN and
EFIM RIVKIN

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ORDER

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Pursuant to the Stipulation of counsel for the parties to this action and Fed. R. Civ.

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15 Proc. 5.2(a),
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IT IS HEREBY ORDERED THAT:

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1.

The Clerk of the Court shall remove and destroy the existing Exhibit “I” to

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plaintiff’s Complaint, filed on April 26, 2011, and from any other copies of the

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Complaint in the Clerk’s possession, and shall substitute in place of that Exhibit

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“I” the redacted copy attached hereto as Exhibit 1
2.

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To the extent not accomplished pursuant to ¶1 of this Order, the Clerk of the

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Court or other personnel assigned to this matter shall remove and destroy the

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existing Exhibit “I” to the copy of plaintiff’s Complaint which plaintiff’s counsel e-

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mailed to the Court on May 4, 2011, and all copies thereof, and shall substitute

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in place of that Exhibit “I” the redacted copy attached hereto as Exhibit 1.

26 Dated:

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May ___, 2011

____________________________
Hon. Edward J. Davila
HON. States S. GREWAL
United PAUL District Judge
United States Magistrate Judge

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STIPULATION AND ORDER TO REDACT EXHIBIT
C:\Cases\Apex\Redact.Stip.wpd

Case No. CV-11-02051 PSG ADR

EXHIBIT 1

PROMISSORY NOTE

Borrower lnformation:
Name: lgor Jonatan Schmidt

Date: December 23,2010

Street Address: 672Villa Centre Way

Date of

City: San Jose

Area code/Telephone number: 408-505-5777

FIFI\

State: CA

33f::#::ii:il;Jl,"' REIIACIF|

Zip:95128

Name: Apex Advanced Holdings LTD.

A

'\?Fr"
Birth: lttufwl EU

Social Security Number.

Lender lnformation:
Area code/Telephgle

n

umber:

lf paying by check, make check payable to:

Street Address.

42lF Central Plaza,
'18 Harbour Rd.,
Send payments to:
Apex Advanced Holdings LTD.
42lF Central Plaza,
1B Harbour Rd.,
Wanchai, Hong Kong

City: Wanchai, Hong Kong
State:

Zp

Loan Amounl $ 1,300,000-00

Loan lnformation:
Loan Period'.2 years

(one million three hundred thousand USD)

lnterest Rate: 5% per year

Payment Schedule:
One payment at the end of the term

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Promise to Pay For value received, lgor Jonatan Schmidt (Borrower) promises to pay Apex
Advanced
Hotdings LTD , (Lende0 $1,300,00.00 and interest a( the yearly rate oi lou on the unpaid balance
as
specified below

2. lnstallments

!

Borrower will pay
payments of
day of the month
_

!

Borrower will pay
balloon payment of

$\

each at monthly/year

tyt-intervals

on the

$- each at monthly/yearlyl-intervals with a ilnal
at the end of the loan term on
date.

payments of

3. Application of Payments Payments will be applied first to interest and then to principal.

4. Prepayment. Borrower may prepay a[ or any part of the principal without penalty.
5. Loan Acceleration. lf Borrower is more than .days late in making any payment, Lender may
declare that the entire balance of unpaid principal is due immediately, togetherwith tAe interes{ thai ra;

accrued.

7. Security

!
!

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This is an unsecured note,
Bo_rrower agrees
full, this note will
statement giving
receivable of the

that until the principal and interest owed under this promissory note are paid in
be secured by a security agreement and Uniform Commercia[Code Financing
Lender a security interest in the equipment, fixtures, inventory and accounts
business known as

Borrower agrees that until the principal and interest owed under this promissory note are paid in
full, this note will be secured by the

!

w.

mortgage
deed of trust covering the real estate commonly known as 2o14s Beggs Rd, Los Gatos,

CA 95C33
and more fully described as follows: a real estate property located at the above address.

8. Collection Costs. lf Lender prevails in a lalsuit to collect on this note, Borrower will pay Lender's costs
and lawyer's fees in an amount the court finds to be reasonable.
The undersigned and all other parties to this note, whether as endorsers, guarantors or sureties, agree to
remain fully bound until thls note shall be fully paid and rvaive demand, presentment and protest anO att
notices hereto and further agree to remain bound notwithstanding any extension, modification, waiver, or
other indulgence or discharge or release of any obligor hereunder or exchange, substitution, or release o{
any collateral granted as security for this note. No modification or indulgence by any holder hereof shall be
binding unless in writing; and any indulgence on any one occasion shall not be an indulgence for any other
orfuture occasion. Any modification or change in terms, hereunder granted by any holder hereof, shall be
valid and binding upon each of the undersigned, notwithstanding the acknowledgernent of any of the
undersigned, and each of the undersigned does hereby irrevocably grant lo each of the olhers a power of
attorney to enter into any such modification on their behalf. The rights of any holder hereof shall be
cumulative and not necessarily successive. This note shall take effect as a sealed instrument and shal( be
construed, governed and enforced in accordance with the laws of the State of California.

But rulver

Date: