MIRO Advisory Services, Ltd. v. D.A. Davidson & Co. et al, No. 3:2014cv01618 - Document 49 (N.D. Cal. 2014)

Court Description: ORDER GRANTING STIPULATION to Stay Proceedings for Ninety (90) Days and Continue All Presently Scheduled Hearings, Briefings, Appearances and Other Deadlines 48 . This action is STAYED until 11/12/2014. Hearing on Defendants' Motions to Dismiss 8 27 38 set for 12/3/2014 01:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Case Management Statement due by 12/3/2014. Case Management Conference set for 12/10/2014 10:00 AM in Courtroom A, 15th Floor, San Francisco. Signed by Judge Nathanael Cousins on 8/15/2014. (lmh, COURT STAFF) (Filed on 8/15/2014)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN FRANCISCO DIVISION 8 MIRO ADVISORY SERVICES, LTD, a 9 corporation incorporated under the laws of the British Virgin Islands, 10 Plaintiff, 11 vs. 12 13 D.A. DAVIDSON & CO., an ENTITY OF UNKNOWN FORM, RICHARD L. WENDT 14 TRUST, JWTR-OREGON, LLC and JWTR, LLC, 15 Defendants. 16 Case No. 3:14-cv-01618-NC JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER Magistrate Judge: Nathanael M. Cousins Trial Date: None Set Action Filed: April 8, 2014 17 18 Plaintiff MIRO ADVISORY SERVICES, LTD, a corporation incorporated under the laws 19 of the British Virgin Islands, Defendant D.A. DAVIDSON & CO. and Defendants JWTR 20 OREGON, LLC, an Oregon Limited Liability Company (erroneously sued herein as “JWTR21 OREGON, LLC”), JWTR, LLC, an Oregon Limited Liability Company and RICHARD L. 22 WENDT TRUST, an Oregon Revocable Living Trust, by and through their respective counsel, 23 hereby STIPULATE and AGREE as follows: 24 WHEREAS, this case arises from a dispute over whether Plaintiff MIRO ADVISORY 25 SERVICES, LTD is entitled to a “finder’s fee” for performing real estate related services by 26 purportedly procuring a potential buyer for approximately 606,000 acres of timberlands 27 (“Timberlands”). -1JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC WHEREAS, on April 8, 2014, Plaintiff filed a Complaint for Declaratory Relief and 1 2 Negligent Misrepresentation (D.E. 1). WHEREAS, on May 8, 2014, Defendants JWTR OREGON, LLC and JWTR, LLC filed a 3 4 Motion to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted Pursuant to 5 FRCP 12(b)(6) (D.E. 8). WHEREAS, on June 16, 2014, Defendant D.A. DAVIDSON & CO. filed a Motion to 6 7 Dismiss Plaintiff’s Complaint (D.E. 27). WHEREAS, on June 30, 2014, Defendant RICHARD L. WENDT TRUST filed a Motion 8 9 to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim Upon Which 10 Relief Can Be Granted Pursuant to FRCP 12(b)(1) and FRCP 12(b)(6) (D.E. 38). WHEREAS, the hearing on all three pending Motions to Dismiss is set for August 27, 11 12 2014. WHEREAS, the Initial Case Management Conference is presently scheduled for September 13 14 3, 2014. WHEREAS, a sale of the Timberlands to an unrelated third party is presently pending and 15 16 is scheduled to close escrow within sixty (60) to seventy-five (75) days. WHEREAS, the sale of the Timberlands to an unrelated third party is not covered by the 17 18 agreement which forms the basis for this litigation. WHEREAS, the parties wish to stay all proceedings in this matter for a period of ninety 19 20 (90) days and continue all presently scheduled hearings, briefings, appearances and any other 21 deadlines imposed by law or the Court, to allow escrow to close on the sale of the Timberlands. WHEREAS, upon completion of the sale of the Timberlands to a party unrelated to this 22 23 instant action, the claims set forth by Plaintiff’s Complaint will be moot. WHEREAS, the parties further stipulate and agree that the stay requested herein is not 24 25 requested for the purposes of delay and will not result in any prejudice to the parties or to the 26 Court. 27 / / / -2JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC 1 IT IS THEREFORE STIPULATED AND AGREED by Plaintiff and Defendants, by 2 and through their respective counsel of record, pursuant to Rule 7-12 of the Civil Local Rules of 3 the Northern District of California, and the Court is respectfully requested to order that: 4 1. This action is hereby stayed until November 12, 2014; 5 2. The hearing on Defendants’ Motions to Dismiss (D.E. 8, 27 and 38) is continued to 6 7 December 3, 2014; 3. The Initial Case Management Conference and Rule 26 deadlines are continued as 8 follows: 9 a. November 26, 2014 - Last day to: 10 11 12 13 14 15 16 17 18 19 o Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan o File ADR Certificate signed by Parties and Counsel o File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference b. December 3, 2014 - Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement c. December 10, 2014 - INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom A, 15th Floor at 10:00 A.M. IT IS SO STIPULATED. DATED: August 13, 2014 LAW OFFICES OF WILLIAM D. WHITEMAN 20 21 22 23 24 25 26 27 By: s/ William D. Whiteman William D. Whiteman, CA SBN 100469 Linda R. Berg, CA SBN 124824 4 Embarcadero Center, 17th Floor San Francisco, CA 94111 Telephone: (415) 989-3300 Facsimile: (415) 963-4131 Email: wwhiteman@wdwlawoffices.com lberg@wdwlawoffices.com Attorneys for Plaintiff MIRO ADVISORY SERVICES, LTD, a corporation incorporated under the laws of the British Virgin Islands -3JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC 1 DATED: August 13, 2014 DORSEY & WHITNEY LLP 2 3 By: 4 5 6 7 s/ J David Jackson J David Jackson, MN SBN 0049219 Admitted Pro Hac Vice 50 South Sixth Street, Suite 5100 Minneapolis, MN 55402-1498 Telephone: (612) 340-2760 Facsimile: (612) 340-2868 Email: jackson.j@dorsey.com Jill A. Gutierrez, CA SBN 258138 DORSEY & WHITNEY LLP 600 Anton Boulevard, Suite 2000 Costa Mesa, CA 92626-7655 Telephone: (714) 800-1400 Facsimile: (714) 800-1499 Email: gutierrez.jill@dorsey.com 8 9 10 11 Patricia A. Welch, CA SBN 127889 DORSEY & WHITNEY LLP 305 Lytton Avenue Palo Alto, CA 94301 Telephone: (650) 857-1717 Facsimile: (650) 857-1288 Email: welch.patricia@dorsey.com 12 13 14 15 16 Attorneys for Defendant D.A. DAVIDSON & CO. 17 DATED: August 13, 2014 THE SIEVING LAW FIRM, A.P.C. 18 19 20 21 22 23 24 25 26 By: s/ Richard N. Sieving Richard N. Sieving, Esq. (SB# 133634) 100 Howe Avenue, Suite 220N Sacramento, CA 95825 Telephone: (916) 444-3366 Facsimile: (916) 444-1223 Email: rsieving@sievinglawfirm.com Attorney for Defendants JWTR OREGON, LLC, an Oregon Limited Liability Company (erroneously sued herein as “JWTR-OREGON, LLC”); JWTR, LLC, an Oregon Limited Liability Company; and RICHARD L. WENDT TRUST, an Oregon Revocable Living Trust 27 -4JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC 1 ATTESTATION PURSUANT TO LOCAL RULE 5-1(i)(3) Pursuant to Civil Local Rule 5-1(i)(3), I hereby attest that on August 12 and 13, 2014, I 2 3 obtained concurrence of all counsel to file the Joint Stipulation to Stay Proceedings for Ninety 4 (90) Days and Continue All Presently Scheduling Hearings, Briefings, Appearances and Other 5 Deadlines. I declare under penalty of perjury that the foregoing is true and correct. Executed this 6 7 13th day of August 2014 at Portland, Oregon. 8 s/ Richard N. Sieving RICHARD N. SIEVING 9 10 11 [PROPOSED] ORDER 12 The Court, having reviewed the parties’ Stipulation, hereby orders as follows: 13 1. This action is hereby stayed until November 12, 2014 [or _________________, 2014]; 14 2. The hearing on Defendants’ Motions to Dismiss (D.E. 8, 27 and 38) is continued to 15 December 3, 2014 [or _________________, 2014] at 1:00 p.m. in Courtroom A, 15th 16 Floor. 3. The Initial Case Management Conference and Rule 26 deadlines are continued as 17 18 follows: 19 a. November 26, 2014 [or _________________, 2014]; - Last day to: o Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan 20 21 o File ADR Certificate signed by Parties and Counsel 22 o File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference 23 24 b. December 3, 2014 [or _________________, 2014] - Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per Standing Order re Contents of Joint Case Management Statement 25 26 27 / / / -5JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC IT IS SO ORDERED. 7 thanael Judge Na RT 9 NO 8 T GRAN 10 11 s A H ER M. Cousin R NIA 6 The Honorable Nathanael M. Cousins Magistrate Judge, United States District Court For the Northern District of California ED UNIT ED 5 By: RT U O 4 DATED: August 15, 2014 ISTRIC ES D TC T TA FO 3 LI 2 c. December 10, 2014 [or _________________, 2014] - INITIAL CASE MANAGEMENT CONFERENCE (CMC) in Courtroom A, 15th Floor at 10:00 A.M. S 1 N F D IS T IC T O R C 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 -6JOINT STIPULATION TO STAY PROCEEDINGS FOR NINETY (90) DAYS AND CONTINUE ALL PRESENTLY SCHEDULED HEARINGS, BRIEFINGS, APPEARANCES AND OTHER DEADLINES; [PROPOSED] ORDER 3:14-cv-01618-NC

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