Free Stipulation - District Court of California - California

Case 4:07-cv-04894-SBA

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Filed 02/08/2008

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A limited liability partnership formed in the State of Delaware

Michael J. Coffino (SBN 88109) [email protected] Brandon W. Corbridge (SBN 244934) [email protected] James E. Heffner (SBN 245406) [email protected] REED SMITH LLP Two Embarcadero Center, Suite 2000 San Francisco, CA 94111-3922 Mailing Address: P.O. Box 7936 San Francisco, CA 94120-7936 Telephone: Facsimile: 415.543.8700 415.391.8269

Attorneys for Plaintiffs Robert Carl Patrick Keane and Chieko Strange UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROBERT CARL PATRICK KEANE, individually; and CHIEKO STRANGE, individually, Plaintiffs, vs. SETH M. MCMULLEN, PAUL ACCORNERO and JOHN SILVA, Defendants. No.: C-07-04894 SBA STIPULATION AND [PROPOSED] ORDER TO ALLOW PLAINTIFFS' TO FILE FIRST AMENDED COMPLAINT, WITHDRAW DEFENDANT MCMULLEN'S PENDING MOTION TO DISMISS AND MODIFY CMC DEADLINES Compl. Filed: Trial Date: September 20, 2007 None

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Hon. Saundra Brown Armstrong 21 22 23 24 25 26 27 28 and WHEREAS, on September 20, 2007, this Court issued its Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order"), scheduling the parties' meet and confer, disclosure and Rule 26 filing obligations in this Action ("Deadlines") pursuant to FRCP 26, ADR L.R. 3-5, and Civil L.R. 16-8, et seq.; and
No.: C-07-04894 SBA ­1­ STIPULATION AND [PROPOSED] ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

STIPULATION WHEREAS, on September 20, 2007, Plaintiffs filed the Complaint in this action ("Action");

Case 4:07-cv-04894-SBA

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A limited liability partnership formed in the State of Delaware

WHEREAS, Defendants Paul Accornero and John Silva have answered the Complaint in this action; and WHEREAS, through stipulation and order of this Court dated December 24, 2007, the Court granted an extension of various court ordered case management deadlines, including its Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order"), scheduling the parties' meet and confer, disclosure and Rule 26 filing obligations in this Action ("Deadlines") pursuant to FRCP 26, ADR L.R. 3-5, and Civil L.R. 16-8, et seq.; and WHEREAS, through that same Court order, the Court granted Defendant McMullen an extension of time for counsel to obtain the requisite authority from the United States government to represent Defendant McMullen and granted an extension of time within which to respond to the complaint; and WHEREAS, Defendant McMullen's counsel obtained that authority and filed a motion to dismiss in this action on January 14, 2008; and WHEREAS, Plaintiffs, after consideration of Defendant McMullen's motion to dismiss, have determined that the filing of a First Amended Complaint is the most efficient course of action; and WHEREAS, the parties have reached an agreement to allow Plaintiffs to file the Proposed First Amended Complaint in this action attached hereto as Exhibit A; and WHEREAS, Plaintiffs and Defendants have agreed that the filing of this First Amended Complaint renders Defendant McMullen's pending motion to dismiss moot; and WHEREAS, it would not be in the interests of the parties, or the Court, to operate under the current case management conference, meet and confer and other Rule 26 deadlines without Defendants having had an opportunity to respond to the first amended complaint; and WHEREAS, one or more Defendant may be taking the position that they are immune from suit and therefore should not be subject to the otherwise-applicable discovery obligations in the federal rules;

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No.: C-07-04894 SBA ­2­ STIPULATION AND [PROPOSED] ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

Case 4:07-cv-04894-SBA

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A limited liability partnership formed in the State of Delaware

IT IS THEREFORE STIPULATED between Plaintiffs and Defendants John Silva, Paul Accornero and Seth McMullen, by and through their undersigned attorneys of record, for the convenience of the parties and the Court: 1. 2. Defendant McMullen's pending motion to dismiss is withdrawn; Plaintiffs shall file and serve the attached First Amended Complaint within ten days

of the date of this order; 3. Defendants shall file a responsive pleading to the First Amended Complaint within

twenty-one days of the date that the First Amended Complaint is filed; 3. For the convenience of the parties and the Court, the Initial Case Management

Conference should be held on April 3, 2008, or at the Court's convenience, as ordered below; 4. The meet and confer, initial disclosure, ADR and Rule 26 filing dates should be

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suspended until the pleadings are settled or until further order of this Court. SO STIPULATED: DATED: February 8, 2008 REED SMITH LLP By /s/ James E. Heffner James E. Heffner Attorneys for Plaintiffs ROBERT CARL PATRICK KEANE and CHIEKO STRANGE

REED SMITH LLP

DATED: February 8, 2008

MEYERS, NAVE, RIBACK, SILVER & WILSON LLP

By

/s/ Tricia L. Hynes Tricia L. Hynes Attorneys for Defendants PAUL ACCORNERO and JOHN SILVA

DATED: February 8, 2008

SCOTT N. SCHOOLS, United States Attorney

By

/s/ Abraham A. Simmons ABRAHAM A. SIMMONS Assistant United States Attorney United States Department of Justice Attorneys for Defendant Seth McMullen

No.: C-07-04894 SBA ­3­ STIPULATION AND [PROPOSED] ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

Case 4:07-cv-04894-SBA

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A limited liability partnership formed in the State of Delaware

[PROPOSED] ORDER Based upon the stipulation of the parties, and for good cause shown, the Court orders as follows: 1. Plaintiffs are permitted to file their Proposed First Amended Complaint. The

Complaint shall be filed within ten days of the date of this order. 2. Defendant McMullen's pending motion to dismiss is deemed moot as of the filing of

the Plaintiffs' first amendment complaint and all dates associated with the motion are deemed TERMINATED; 3. Defendants each shall file a responsive pleading within twenty-one days of the date

the First Amended Complaint is filed; 4. 2008; 5. The parties are relieved of the meet and confer, initial disclosure, ADR and Rule 26 The Initial Case Management Conference will be held telephonically on April 3,

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filing and disclosure obligations or until further order of this Court. The parties shall be prepared to discuss at the initial Case Management Conference their respective views on the proper procedure that should be followed.

PURSUANT TO STIPULATION IT IS SO ORDERED: DATED: _______________, 2008

Hon. Saundra Brown Armstrong United States District Court Judge

No.: C-07-04894 SBA ­4­ STIPULATION AND [PROPOSED] ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES

Case 4:07-cv-04894-SBA

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A limited liability partnership formed in the State of Delaware

CERTIFICATION

I hereby attest that concurrence in the filing of this document has been obtained by the above named signatories. DATED: February 8, 2008. REED SMITH LLP

By

/s/ James E. Heffner James E. Heffner Attorneys for Plaintiffs Robert Carl Patrick Keane and Chieko Strange

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No.: C-07-04894 SBA ­5­ STIPULATION AND [PROPOSED] ORDER RE FIRST AMENDED COMPLAINT, MOTION TO DISMISS, AND CMC DEADLINES
DOCSSFO-12506034.2

REED SMITH LLP