Zangrillo v. Gardi

Filing 30

FOURTH STIPULATION AND ORDER 29 Enlarging Time to File Opposition to Motion to Dismiss and Reply to Opposition and to Continue Case Management Conference: Set/Reset Deadlines as to 14 MOTION to Dismiss AND PARTIAL MOTION TO DISMISS PURSUAN T TO FED. R. CIV. P. 12(b)(6). Motion Hearing set for 6/1/2012 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Case Management Conference set for 6/8/2012 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 5/2/12. (jg, COURT STAFF) (Filed on 5/2/2012)

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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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERT ZANGRILLO,

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Plaintiff,

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vs.

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PAUL GARDI,

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Defendant.

Case No.: 12-cv-00217-RMW
FOURTH 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 Fourth
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

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FOURTH 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

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

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

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

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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

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

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

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

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

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

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

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

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

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related settlement documentation; and

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NOW THEREFORE, the parties, by and through their undersigned counsel, hereby stipulate
as follows:
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extended to and including May 14, 2012.
2.

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

is extended to and including May 21, 2012.
3.

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

Pursuant to Civil L.R. 6-2, the hearing on the motion to dismiss is continued until
2012.

4.

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

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

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FOURTH 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

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5.

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

, 2012.

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DATED: Menlo Park, California
April 11, 2012

ALSTON & BIRD LLP

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By:

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Attorney for Defendant
PAUL GARDI

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/s/ Gidon M. Caine
Gidon M. Caine

DATED: Oakland, California
April 11, 2012

BOIES, SCHILLER & FLEXNER, LLP

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By:

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Attorneys for Plaintiff
ROBERT ZANGRILLO

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/s/ John F. Cove, Jr.
John F. Cove, Jr.
Perry Grossman

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.

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED:____________________

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_________________________________
HON. RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

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FOURTH 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