Joint Venture Partners International, Inc. v. Clyne

Filing 30

ORDER GRANTING 29 STIPULATION TO CONTINUE DEADLINES. Signed by Judge Edward J. Davila on 9/11/2017. (ejdlc2S, COURT STAFF) (Filed on 9/11/2017)

1
2
3
4
5
6
7
8

WILLIAM R. HILL, #114954
[e-mail]
CASEY L. WILLIAMS, #280324
[e-mail]
DONAHUE FITZGERALD LLP
Attorneys at Law
1999 Harrison Street, 25th Floor
Oakland, California 94612-3520
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counter-Defendant
JOINT VENTURE PARTNERS
INTERNATIONAL, INC., and for
Counter-Defendants JAY DEE SHIVERDAKER
and AMERICAN MEDICAL REVENUE, LLC

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13
14

JOINT VENTURE PARTNERS
INTERNATIONAL, INC., a Wyoming
corporation;
Plaintiff,

15
16

Case No. 5:17-cv-02515-EJD
STIPULATION TO AND [PROPOSED]
ORDER CONTINUING PENDING
DEADLINES

v.
Civil L.R. 6.2(a)

17
18
19

IAN CLYNE, an individual; and DOES 1-30,
inclusive,
Defendants.
_______________________________

20
21

IAN CLYNE, an individual;
Cross-Complainant,

22
23
24
25
26
27
28

v.
JOINT VENTURE PARTNERS
INTERNATIONAL, INC., a Wyoming
corporation; JAY DEE SHIVERDAKER, an
individual and as successor-in-interest to
AMERICAN MEDICAL REVENUE, LLC;
and DOES 1-25, inclusive,
Cross-Defendants.
1
STIPULATION TO AND [PROPOSED] ORDER CONTINUING PENDING DEADLINES

1

Pursuant to Civil Local Rule 6-2(a), Plaintiff and Cross-Defendant Joint Venture Partners

2

International, Inc. (“JVP”), Cross-Defendant Jay Dee Shiverdaker, Cross-Defendant American

3

Medical Revenue, LLC (“AMR”), and Defendant and Cross-Complainant Ian Clyne, by and

4

through their respective counsel of record, respectfully request that the Court enter the following

5

stipulation to continue the deadline to complete mediation and the date of the Initial Case

6

Management Conference:

7
8
9
10
11

Background
Plaintiff JVP initiated this action on March 8, 2017 in California Superior Court, Napa
County. Defendant and Cross-Complainant Clyne removed the action to the U.S. District Court
for the Northern District of California, on May 2, 2017.
This case was initially assigned to Magistrate Judge Elizabeth D. Laporte, who issued an

12

order on May 3, 2017 (ECF No. 5) setting various ADR deadlines. The matter was reassigned to

13

the Honorable Edward J. Davila. In the spring and early summer the Parties sought and obtained

14

a few extensions to respond to the cross-complaint (see Dkt. Nos. 16, 19 and 21), during which

15

time all parties agreed that they were amenable to attempting to resolve this matter via early

16

private mediation as indicated in their respective ADR certifications to the Court. Accordingly,

17

the parties were ordered to complete mediation by October 11, 2017. (ECF No. 25).

18

To meet this deadline and to avoid having the burden and expense of litigation detract

19

from their settlement efforts, the parties sought a court order (See ECF No. 26) further extending

20

the deadline to respond to the cross-complaint and continuing the initial case management

21

hearing for the first time. The Court granted that order on July 20, 2017. (ECF No. 27). On July

22

24, 2017, the Court issued an additional order resetting the date of the Initial Case Management

23

Conference. Accordingly, the following dates are set in this matter:

24

Last Day to Complete Mediation

October 10, 2017

25

Last Day to File Response to Cross-Complaint

October 17, 2017

26

Last day to Exchange Initial Disclosures and File Joint

October 19, 2017

27

Case Management Statement

28

Initial Case Management Conference

November 9, 2017

2
STIPULATION TO AND [PROPOSED] ORDER CONTINUING PENDING DEADLINES

1

Stipulation and Request For Continuance

2

The parties hereby stipulate to and agree to seek, via this stipulation and proposed

3

order, a two month continuance on each of these deadlines. Good cause exists for this

4

continuance. Mario Moya, lead counsel for Defendant and Cross-Complainant, recently

5

experienced an unexpected death in his immediate family. Specifically, on August 18,

6

2017, Mr. Moya’s younger brother unexpectedly passed away at the age of 21. His family

7

is based on the East Coast, where Mr. Moya is presently and for the foreseeable future.

8

Moya Law, Mr. Moya’s law firm, consists of himself, and two of counsel attorneys,

9

Rebecca Hoberg and Zeenat Basrai. Of the three attorneys only, Mr. Moya and Mrs.

10

Hoberg have worked on the matter. Mrs. Hoberg is also Mr. Moya’s spouse, as they were

11

recently married on July 29, 2017, and accordingly, Mrs. Hoberg’s time and attention is

12

also on the Moya family.

13

Accordingly, the parties hereby ask that the Court continue each of the above deadlines

14

by two months to afford Mr. Moya time need to attend to his personal affairs. Pursuant to such

15

an order, the following deadlines would apply:

16

Last Day to Complete Mediation

December 10, 2017

17

Last Day to File Response to Cross-Complaint

December 17, 2017

18

Last day to Exchange Initial Disclosures and File Joint

19

Case Management Statement

December 19, 2017

20

Initial Case Management Conference

January 9, 2018

21
22

IT IS SO STIPULATED.

23

Respectfully submitted,

24
25

DATED: August 19, 2017

DONAHUE FITZGERALD LLP

26

/s/ Casey Williams

27

Casey Williams

28

Attorneys for Plaintiff & Cross-Defendants
3
STIPULATION TO AND [PROPOSED] ORDER CONTINUING PENDING DEADLINES

1
2

DATED: August 19, 2017

The LAW OFFICE OF MARIO A. MOYA
/s/ Mario A. Moya

3

Mario A. Moya

4
Attorneys for Defendant & Cross-Complainant
5
6

[Proposed Order Follows per Civ. L. R. 7-12]

7
8
9
10

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

11
12

September 11, 2017
DATED: _______

HON. EDWARD DAVILA

13
14
15
16
17

U.S. District Judge
Northern District of California

18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION TO AND [PROPOSED] ORDER CONTINUING PENDING DEADLINES