Marble Bridge Funding Group, Inc v. Natures Own Pharmacy, LLC et al

Filing 87

ORDER Granting [76 in 5:12-cv-02729-EJD] Stipulation Extend Deadline to Complete Early Neutral Evaluation and Reschedule Case Management Conference. ENE deadline 10/11/2013. Joint Case Management Statement due by 10/11/2013. Case Management Conference set for 10/18/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. This is the final extension of these deadlines. Signed by Judge Edward J. Davila on 6/20/2013. (ecg, COURT STAFF) (Filed on 6/21/2013)

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1 2 3 4 5 BUCHALTER NEMER A Professional Corporation DENISE H. FIELD (SBN: 111532) RANDALL L. MANVITZ (SBN: 224598) 55 Second Street, Suite 1700 San Francisco, CA 94105-3493 Telephone: (415) 227-0900 Facsimile: (415) 227-0770 Email: dfield@buchalter.com Email: rmanvitz@buchalter.com 6 7 Attorneys for Plaintiff and Counter-Claim Defendant MARBLE BRIDGE FUNDING GROUP, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 13 MARBLE BRIDGE FUNDING GROUP, INC., Plaintiff, 14 15 16 vs. NATURE’S OWN PHARMACY, LLC, et al., Case Nos.: 5:12-CV-01839-EJD; 5:12-CV02729-EJD STIPULATION AND [PROPOSED] ORDER TO EXTEND DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION (“ENE”) AND RESCHEDULE CASE MANAGEMENT CONFERENCE 17 Defendants. 18 19 MARBLE BRIDGE FUNDING GROUP, INC., 20 Plaintiff, 21 vs. 22 EULER HERMES AMERICAN CREDIT INDEMNITY COMPANY, 23 Defendant. 24 25 26 EULER HERMES AMERICAN CREDIT INDEMNITY COMPANY, 27 Counterclaim Plaintiff, 28 BN 14217361v2 STIPULATION AND [PROPOSED] ORDER RE ENE 1 vs. 2 NATURE’S OWN PHARMACY, LLC, RICHARD WALLACE; RICHARD WALLACE, et al., 3 4 Counterclaim Defendants. 5 6 Pursuant to Civil Local Rule 6-1(b) and ADR Local Rule 5-5, Plaintiff and Counter-Claim 7 Defendant Marble Bridge Funding Group (“Marble Bridge”) and Defendant and Counter-Claim 8 Plaintiff Euler Hermes American Credit Indemnity Company (now known as Euler Hermes North 9 America Insurance Company) (“Euler Hermes”), by and through their respective counsel, hereby 10 stipulate and agree, and request the Court to so order, that the deadline for completing the Early 11 Neutral Evaluation be extended from the present deadline of July 12, 2013 to a date no earlier 12 than October 11, 2013 with a corresponding extension of the CMC now set for June 28, 2013. 13 Good cause exists to extend the deadline for completing the ENE. Both parties have 14 recently substituted new counsel. On April 5, 2013, Marble Bridge consented to the substitution 15 of Buchalter Nemer as its counsel. On December 5, 2012, Meckler Burger substituted as counsel 16 for Defendant and Counterclaim Plaintiff Euler Hermes. On December 5, 2012, Halperin 17 Battaglia Raicht LLP also substituted as counsel for Euler Hermes. 18 Both parties believe that preliminary discovery, which the parties have started, is 19 necessary to make the ENE and CMC fruitful and expect to be able to complete the necessary 20 preliminary discovery by October 1, 2013. Generally, this case involves claims by a lender 21 against a credit insurer as a beneficiary under a policy issued by Euler Hermes. Many of the 22 participants in the underlying credit arrangement, other than the stipulating parties, are being 23 criminally prosecuted for defrauding various lenders. In order to evaluate various contentions 24 sufficient to have a meaningful ENE, Marble Bridge believe it is necessary to depose certain 25 witnesses about the insurer’s actions, communications, and defenses regarding the insurance 26 claim and conduct some basic written discovery. Euler Hermes responded to Marble Bridge’s 27 first request for production and produced documents on May 31, 2013 and the production is 28 currently being analyzed. Marble Bridge is considering amending the complaint but needs BN 14217361v2 -2STIPULATION AND [PROPOSED] ORDER RE ENE 1 2 3 4 5 6 7 8 9 10 11 additional information first. Likewise, Euler Hermes seeks to depose various individuals who have either been the focus of the criminal proceedings or are the witnesses to the alleged criminal activity, mainly located in Florida including at least one person who is incarcerated. Coordination with numerous other parties will likely be necessary because the witnesses are the focus of various civil and criminal matters and may object to multiple depositions. Euler also anticipates serving written discovery as a necessary foundation for a meaningful ENE. Counsel for both parties have engaged in several informal conversations in an effort to coordinate their discovery efforts with the goal of having a meaningful ENE and CMC. This is the second request to extend the CMC and fourth request to extend this deadline for the ENE, and the parties believe the extensions will have no overall effect on the administration of this case. 12 13 Dated: June 18, 2013 BUCHALTER NEMER 14 15 By: 16 17 18 19 Dated: June 18, 2013 /s/ Randall L. Manvitz Randall L. Manvitz Attorney for Plaintiff and Counter-Claim Defendant MARBLE BRIDGE FUNDING GROUP HALPERIN BATTAGLIA RAICHT, LLP 20 21 By: 22 23 24 /s/ Neal W. Cohen Neal W. Cohen Attorney for Defendant and Counter-Claim Plaintiff EULER HERMES AMERICAN CREDIT INDEMNITY COMPANY now known as EULER HERMES NORTH AMERICA INSURANCE COMPANY 25 26 27 28 BN 14217361v2 -3STIPULATION AND [PROPOSED] ORDER RE ENE 1 2 3 ORDER PURSUANT TO THE PARTIES’ STIPULATION, IT IS ORDERED AS FOLLOWS: 1. The deadline for completing the Early Neutral Evaluation is extended from the present 4 5 6 7 8 deadline of July 12, 2013 to October 11, 2013. 2. The Case Management Conference is rescheduled from June 28, 2013 to October 18, The parties shall file an updated Joint Case Management Statement on or 2013. before October 11, 2013. This is the final extension of these deadlines. IT IS SO ORDERED. Dated: June 20 2013 __, 9 Honorable Edward J. Davila Judge of the Northern District Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BN 14217361v2 -4STIPULATION AND [PROPOSED] ORDER RE ENE

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