AOL Inc. v. Ticzon et al

Filing 41

ORDER GRANTING STIPULATION. Signed by Judge Paul S. Grewal on March 13, 2015 re 40 . (psglc1S, COURT STAFF) (Filed on 3/13/2015)

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MARK D. LITVACK #183652
[e-mail]
JAMES CHANG #271864
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-5406
Telephone: [phone]
Facsimile No.: [phone]
PAULA M. WEBER #121144
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
Four Embarcadero Center, 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
AOL INC.
ALBIE JACHIMOWICZ #104549
[e-mail]
JOEL P. WAELTY #226728
[e-mail]
JACHIMOWICZ, POINTER & EMANUEL, ATTORNEYS AT LAW, INC.
2007 West Hedding Street, Suite 100
San Jose, CA 95128
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
NOEL B. TICZON
DAVID KRAFT #82533
[e-mail]
LAW OFFICE OF DAVID KRAFT
181 Devine Street
San Jose, CA 95110
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
EMMANUEL R. SABINO
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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602536646v1

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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS IN LIGHT OF PENDING CRIMINAL
PROCEEDINGS

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AOL INC.,
Plaintiff,
vs.

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NOEL B. TICZON and EMMANUEL R.
SABINO,

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Defendants.

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Case No. 5:14-cv-02382 PSG
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS IN
LIGHT OF PENDING CRIMINAL
PROCEEDINGS
[Fed. R. Civ. P. 26(a)]

TO THE HONORABLE COURT AND ALL PARTIES AND THEIR
ATTORNEYS OF RECORD:
Plaintiff AOL INC. (“AOL”) and Defendants NOEL B. TICZON (“Ticzon”) and

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EMANUEL R. SABINO (“Sabino”) (collectively, the “Parties”), by and through their

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respective counsel of record, enter into the following stipulation:

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WHEREAS, Plaintiff AOL filed a Complaint against former AOL employees

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Ticzon and Sabino in the above-captioned matter on May 22, 2014 alleging the following

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causes of action: (1) Common Law Fraud; (2) Statutory Fraud; (3) Common Law

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Conversion; and (4) Statutory Conversion (the “Complaint”);

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WHEREAS, Defendants Ticzon and Sabino filed their Answers to the Complaint on

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September 23, 2014 and both asserted the privilege against self-incrimination under the

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United States Constitution, Amendment V as to various substantive allegations in the

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Complaint;

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WHEREAS, on February 27, 2015, the Santa Clara County District Attorney filed

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charges against both Defendants Ticzon and Sabino for grand theft by an employee with

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enhancements for aggravated white color crime and excessive taking. Both Defendants

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were arrested and booked on these charges on February 27, 2015;

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WHEREAS, the criminal case involves the same facts and circumstances that give

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rise to the Complaint and resolution of the criminal case may result in the Parties efficiently

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resolving the civil action, or eliminate issues in dispute in the civil action;

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602536646v1

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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS IN LIGHT OF PENDING CRIMINAL
PROCEEDINGS

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WHEREAS, the Court has set a Pretrial Conference in the above-captioned matter
for April 21, 2015 and trial for May 4, 2015;
NOW, THEREFORE, in light of the foregoing, the Parties stipulate, agree, and
request that:
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This matter is stayed during the pendency of the criminal proceedings

against Defendants.
2.

That the Parties will return to Court on June 30, 2015, to provide the Court

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with an update on the status of the criminal proceedings. If such proceedings are still

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pending, the Parties may file a joint status conference statement, providing for a further

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continuance of a status and scheduling conference.

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Dated: March 11, 2015
PILLSBURY WINTHROP SHAW PITTMAN LLP

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By

/s/ Paula M. Weber
Paula M. Weber
Attorneys for Plaintiff
AOL Inc.

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Dated: March 11, 2015
JACHIMOWICZ, POINTER & EMANUEL,
ATTORNEYS AT LAW, INC.

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By

/s/ Joel P. Waelty
Joel P. Waelty
Attorneys for Defendant
NOEL B. TICZON

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Dated: March 11, 2015

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LAW OFFICE OF DAVID KRAFT

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By

/s/ David Kraft
David Kraft
Attorneys for Defendant
EMMANUEL R. SABINO

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602536646v1

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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS IN LIGHT OF PENDING CRIMINAL
PROCEEDINGS

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ORDER

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Having consider Plaintiff AOL Inc. and Defendant Noel B. Ticzon and Emanuel R.

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Sabino’s Stipulation to Stay Proceedings in light of the pending criminal proceedings, and

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finding good cause therefore,

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It is HEREBY ORDERED:

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1.

This matter is stayed during the pendency of the criminal proceedings.

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2.

That the Parties will return to Court on June 30, 2015, to provide the Court

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with an update on the status of the criminal proceedings. If such proceedings are still

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pending, the Parties may file a joint status conference statement, providing for a further

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continuance of a status and scheduling conference.
PURSUANT TO STIPULATION IT IS SO ORDERED.

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Dated: March 13, 2015

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_____________________________________
Honorable Paul Singh Grewal
United States Magistrate Judge

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602536646v1

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STIPULATION AND [PROPOSED] ORDER TO STAY
PROCEEDINGS IN LIGHT OF PENDING CRIMINAL
PROCEEDINGS