Zangrillo v. Gardi

Filing 28

THIRD STIPULATION AND ORDER 27 Enlarging Time to File Opposition to Motion to Dismiss and Reply to Opposition and to Continue Case Management Conference: Initial Case Management Conference set for 5/18/2012 10:30 AM in Courtroom 6, 4th Floor, San Jose. Joint Case Management Statement due 5/11/2012. Hearing on the Motion to Dismiss set for 5/4/2012 9:00 AM. Signed by Judge Ronald M. Whyte on 3/28/12. (jg, COURT STAFF) (Filed on 3/28/2012)

1
2
3
4
5
6
7
8
9

John F. Cove, Jr. (SBN 212213)
Perry Grossman (SBN 260570)
BOIES, SCHILLER & FLEXNER LLP
1999 Harrison Street, Suite 900
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Bruce A. Weil (FL State Bar No. 816469)
Lawrence V. Ashe (FL state Bar No. 932280)
BOIES, SCHILLER & FLEXNER LLP
100 S. E. 2ND Street, Suite 2800
Miami, FL 33131-2144
Telephone: [phone]
Facsimile: [phone]
To Appear Pro Hac Vice
Attorneys for Plaintiff Robert Zangrillo

10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14

ROBERT ZANGRILLO,

15

Plaintiff,

16

vs.

17

PAUL GARDI,

18
19
20
21
22
23
24

Defendant.

Case No.: 12-cv-00217-RMW
THIRD STIPULATION AND
[] ORDER ENLARGING
TIME TO FILE OPPOSITION TO
MOTION TO DISMISS AND REPLY
TO OPPOSITION AND TO
CONTINUE CASE MANAGEMENT
CONFERENCE
[Filed concurrently with Declaration of
Perry M. Grossman in Support of Third
Stipulation Enlarging Time to File
Opposition to Motion to Dismiss and
Reply to Opposition and to Continue
Case Management Conference.]
Date:
Time:
Courtroom:
Judge:

None
None
None
Hon. Ronald M. Whyte

25
26
27
28
THIRD STIPULATION AND [] ORDER ENLARGING TIME TO FILE OPPOSITION TO MOTION TO
DISMISS AND REPLY TO OPPOSITION AND TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 12-CV-00217-RMW

1

WHEREAS, Plaintiff Robert Zangrillo commenced this action on December 13, 2011;

2

WHEREAS, Defendant Paul Gardi removed this action to this Court on January 13, 2012;

3

WHEREAS, Defendant moved to dismiss Plaintiff’s claim for civil extortion on January 20,

4
5
6
7

2012 (the “Motion”);
WHEREAS, the parties met and conferred on January 31, 2012, regarding a non-litigated
resolution of this matter;
WHEREAS, at their meeting on January 31, 2012, the parties reached agreement on the

8

terms of a non-litigated resolution of this matter and are presently in the process of preparing

9

documentation to effectuate that agreed-upon resolution, which resolution will result in a voluntary

10
11

dismissal of this action with prejudice;
WHEREAS, the parties have now exchanged settlement documents and are currently

12

finalizing those documents, which are of such a nature and complexity that a reasonable period of

13

time, likely thirty days, will be required to finalize and execute the related documentation;

14

WHEREAS, this stipulation is not entered into for the purpose of delay, but instead to avoid

15

the needless expenditure of resources by the parties and this Court in view of the fact that the parties

16

have been able to achieve a settlement of this matter and now need only to prepare and execute the

17

related settlement documentation; and

18
19
20
21
22
23

NOW THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate
as follows:
1.

Pursuant to Civil L.R. 6-2, Plaintiff’s time to file his opposition to the Motion is

extended to and including April 13, 2012.
2.

Pursuant to Civil L.R. 6-2, Defendant’s time to file his reply to Plaintiff’s opposition

is extended to and including April 20, 2012.

24

3.

25

April 30, 2012.

26

4.

27

Pursuant to Civil L.R. 6-2, the hearing on the motion to dismiss is continued until

Pursuant to Civil L.R. 6-2, the parties’ time to file a Joint Case Management

Statement is extended to and including, April 30, 2012.

28
THIRD STIPULATION AND [] ORDER ENLARGING TIME TO FILE OPPOSITION TO MOTION TO
DISMISS AND REPLY TO OPPOSITION AND TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 12-CV-00217-RMW

1
2

5.

Pursuant to Civil L.R. 6-2, the Case Management Conference is continued until May

7, 2012.

3
4

DATED: Menlo Park, California
March 13, 2012

ALSTON & BIRD LLP

5
By:

6
7
8
9

DATED: Oakland, California
March 13, 2012

10

12
13

BOIES, SCHILLER & FLEXNER, LLP
1999 Harrison Street, Suite 900
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]

14
15
16

18

Pursuant to General Order No. 45, § X-B, the filer attests that concurrence in the filing of this
document has been obtained from each of the above signatories.

19
20

BOIES, SCHILLER & FLEXNER, LLP

By: /s/ Perry M. Grossman
John F. Cove, Jr.
Perry Grossman
Attorneys for Plaintiff
ROBERT ZANGRILLO

11

17

/s/ Gidon M. Caine
Gidon M. Caine
Attorney for Defendant
PAUL GARDI

[] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

21
22
23
24

DATED:____________________

_________________________________
HON. RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

25
26
27
28
THIRD STIPULATION AND [] ORDER ENLARGING TIME TO FILE OPPOSITION TO MOTION TO
DISMISS AND REPLY TO OPPOSITION AND TO CONTINUE CASE MANAGEMENT CONFERENCE
CASE NO. 12-CV-00217-RMW