Scarlett v. White et al

Filing 76

ORDER GRANTING 74 STIPULATION TO EXTEND DEADLINES. Signed by Judge Edward J. Davila on 10/10/2017. (ejdlc2S, COURT STAFF) (Filed on 10/10/2017)

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Joseph W. Anthony (admitted pro hac vice)
[e-mail]
Randy G. Gullickson (admitted pro hac vice)
[e-mail]
ANTHONY OSTLUND BAER & LOUWAGIE P.A.
90 South 7th Street, Suite 3600
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]

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Richard Van Duzer (SBN 136205)
[e-mail]
Aviva J. Gilbert (SBN 300091)
[e-mail]
FARELLA BRAUN & MARTEL LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Matthew D. Scarlett

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William J. Goines (SBN 61290)
[e-mail]
Cindy Hamilton (SBN 217951)
[e-mail]
Alice Y. Chu (SBN 264990)
[e-mail]
GREENBERG TRAURIG, LLP
1900 University Avenue, Fifth Flor
East Palo Alto, CA 94303
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Gregory Ahn and Cult of 8,
Inc.
Erik L. Jackson (SBN 166010)
[e-mail]
COZEN O’CONNOR
601 S. Figueroa Street, Suite 3700
Los Angeles, CA 90017
Telephone: [phone]
Attorney for Defendant Jonathan White

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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Matthew Scarlett, individually and
18 Derivatively on behalf of Alcohol By
Volume, Inc.
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Plaintiff,
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vs.
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Jonathan White, Cult of 8, Inc., and
22 Gregory Ahn,

Case No: 5:17-cv-01430-EJD
JOINT STIPULATION AND [PROPOSED]
ORDER

Defendants.

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Plaintiff Matthew Scarlett (“Scarlett”), and Defendants Jonathan White (“White”), Cult of 8,

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Inc. (“CO8”), and Gregory Ahn (“Ahn”), through their undersigned counsel, hereby agree and

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stipulate as follows:

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959850.1

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RECITALS

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A.

This action, along with the related case, Gregory Ahn, et al. vs. Matthew D. Scarlett,

et al., Case No: 5:16-cv-05437-EJD (the “Related Action”), involve disputes, inter alia, relating to

4 the ownership and operations of two related corporations, CO8 and Alcohol by Volume, Inc.
5 (“ABV”).
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B.

In April 2017, a closing occurred on the sale of one of the wine brands to an unrelated

C.

Because of disputes about the proper allocation of proceeds from the sale transaction,

7 party.
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9 the parties to this action, along with another unaffiliated entity, agreed to arbitrate before JAMS in
10 San Francisco several issues, relating to the proper distribution of the proceeds from the sale of the
11 brand. That arbitration proceeding is currently pending before JAMS as Fior di Sole, LLC v.
12 Scarlett, Matthew, et al., JAMS Reference No. 1100087495.
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D.

Proceedings in this matter have previously been continued in light of the pending

14 JAMS arbitration.
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E.

The arbitration hearing is now scheduled for March 19 – 30, 2018.

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F.

The parties believe that resolution of the issues in the arbitration is likely to affect

17 resolution of this matter.
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G.

There is currently pending before this Court in this action and the Related Action an

19 initial case management conference on October 26, 2017 at 10:00 a.m. Certain filings, including the
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Joint Case Management Statement and related filings are due to be filed in advance of the case

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management conference.

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H.

The parties believe that it will be efficient and preserve both judicial resources and

23 resources of the parties if the case management conference and current filing deadlines relating to it
24 are continued for a period of 90 days to allow time for the parties to confirm the timing and scope of
25 issues to be determined in the arbitration proceeding and to report back to the Court with a
26 recommendation as to the handling of this action and the Related Action during the pendency of the
27 JAMS arbitration.
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I.

This stipulation in no way affects White’s motion for disqualification of his former
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Joint Stipulation and [Proposed] Order

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counsel, Greenberg Traurig, which is currently pending before the Court, the subpoena issued to

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Greenberg Traurig by White, or arguments or positions concerning White’s demand for the file from

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Greenberg Traurig.

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STIPULATION

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Based upon the above recitals, the parties, through their undersigned counsel, hereby
stipulate and request that the Court enter an order as follows:
1.

The initial case management conference currently scheduled for October 26, 2017 is

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continued for a period of 90 days, and the Court shall reschedule the case management conference at

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a date and time on or after January 24, 2018.

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2.

All current filing deadlines, specifically including the deadlines for filing of the Joint

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Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued for a

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period of 90 days.

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3.

Within 100 days of this Stipulation and Order, the parties shall report to the Court

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regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it,

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the impact of that arbitration on this action and the Related Action, and their views as to the

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appropriate handling of this action and the Related Action during the pendency of the JAMS

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arbitration.

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Dated: October 4, 2017

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ANTHONY OSTLUND
BAER & LOUWAGIE P.A.
By:/s/ Randy G. Gullickson
Joseph W. Anthony (admitted pro hac vice)
[e-mail]
Randy G. Gullickson (admitted pro hac vice)
[e-mail]
Attorneys for Plaintiff Matthew D. Scarlett

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Dated: October 4, 2017

GREENBERG TRAURIG, LLP
By:/s/ Cindy Hamilton
William J. Goines
Cindy Hamilton
Alice Y. Chu
Attorneys for Defendants Gregory Ahn, and
Cult Of 8, Inc.
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Joint Stipulation and [Proposed] Order

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Dated: October 4, 2017

COZEN O’CONNOR

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By:/s/ Erik L. Jackson
Erik L. Jackson
Attorney for Defendant Jonathan White.

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ORDER

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Based upon the above stipulation of the parties, it is hereby ordered that:

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1.

The initial case management conference currently scheduled for October 26, 2017 is

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continued for a period of 90 days, and the case management conference is rescheduled to

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January 11, 2018
_______________________, 2017.

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2.

All current filing deadlines, specifically including the deadlines for filing of the Joint

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Case Management Statement, Discovery Plan, and/or Rule 26(f) Report, shall be continued and reset

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in accordance with the rescheduled case management conference.

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3.

Within 100 days of this Stipulation and Order, the parties shall report to the Court

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regarding the status of the above-referenced JAMS arbitration and the issues to be determined in it,

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the impact of that arbitration on this action and the Related Action, and their views as to the

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appropriate handling of this action and the Related Action during the pendency of the JAMS

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arbitration.

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October 10
Dated: __________________, 2017

By:
Edward J. Davila
United States District Judge

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Joint Stipulation and [Proposed] Order