Matsunoki Group Inc v. Timberwork Oregon Inc et al, No. 4:2008cv04078 - Document 66 (N.D. Cal. 2009)

Court Description: ORDER granting re 65 Stipulation To Continue Mediation Date and Extend Mediation Deadline (mediation shall occur on 12/7/09), filed by Matsunoki Group Inc, Don Paul, Earl Maury Blondheim, Timberwork Inc, Ilene English-Paul. Signed by Judge Claudia Wilken on 9/14/09. (fj, COURT STAFF) (Filed on 9/15/2009)

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Matsunoki Group Inc v. Timberwork Oregon Inc et al Doc. 66 1 2 3 4 5 6 7 Richard P. Sybert, Bar No. 080731 rsybert@gordonrees.com GORDON & REES LLP 275 Battery Street, Suite 2000 San Francisco, California 94111 tel (415) 986-5900 / fax (415) 986-8054 Lindsay J. Hulley, Bar No. 184924 lhulley@gordonrees.com GORDON & REES LLP 4675 MacArthur Court, Suite 800 Newport Beach, California 92660 tel (949) 255-6950 / fax (949) 474-2660 8 9 10 11 12 13 14 Attorneys for Plaintiff MATSUNOKI GROUP, INC. dba HAIKU HOUSES Julian J. Pardini, Bar No. 133878 email: pardini@lbbslaw.com Alan J. Haus, Bar No. 111556 email: haus@lbbslaw.com Rowena C. Seto, Bar No. 235103 Email: rseto@lbbslaw.com LEWIS BRISBOIS BISGAARD & SMITH LLP One Sansome Street, Suite 1400 San Francisco, California 94104 tel (415) 362-2580 / fax (415) 434-0882 15 16 17 18 19 Attorneys for TIMBERWORK, INC., and EARL BLONDHEIM JOHN C. KIRKE Johnk@donahue.com LAW OFFICES OF DONAHUE GALLAGHER WOODS LLP 300 Lakeside Drive, Suite 1900 Oakland, California 94612 tel (510) 451-0544 / fax (510) 832-1486 20 21 Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL 22 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 STIPULATION AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW Dockets.Justia.com 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 MATSUNOKI GROUP, INC., doing business as HAIKU HOUSES, 4 Plaintiff, 5 v. 6 7 8 TIMBERWORK OREGON, INC.; TIMBERWORK, INC.; JOAN L. SHUELL; EARL MAURY BLONDHEIM; DON PAUL; ILENE ENGLISH-PAUL; and DOES 1 through 10, inclusive, CASE NO. CV 08 4078 CW Honorable Claudia Wilken STIPULATION TO CONTINUE MEDIATION DATE AND EXTEND MEDIATION DEADLINE; MEDIATOR’S CONCURRENCE; [PROPOSED] ORDER 9 Defendants. 10 11 Plaintiff Matsunoki Group, Inc. dba Haiku Houses (hereinafter “Plaintiff”) and defendants 12 Timberwork, Inc., Earl Maury Blondheim, Don Paul, and Ilene English-Paul (collectively, 13 “Defendants”) (Plaintiff and Defendants are referred to, collectively, hereinafter as “the Parties”), 14 by and through their respective counsel, agree and stipulate as follows: 15 WHEREAS, the Court has appointed Mark LeHocky to act as mediator, and the Parties 16 and Mr. LeHocky previously stipulated to extending the Court’s deadline to engage in mediation 17 to August 7, 2009. 18 19 20 WHEREAS, the Court signed an Order extending the deadline for the Parties to engage in mediation on August 7, 2009. WHEREAS, on July 6, 2009, Plaintiff’s President, Charla Honea underwent a significant 21 emergency surgical procedure after which her doctor determined she was not physically able to 22 travel to California until after September 8, 2009. See Declaration of Charla Honea, filed 23 concurrently. 24 WHEREAS, the parties attempted to secure a new mediation date in September; however 25 due to the schedules of the Parties, their respective counsel, and Mr. LeHocky, the earliest date on 26 which all parties are available to engage in mediation is December 7, 2009. 27 28 THEREFORE, the Parties, through the undersigned counsel, hereby stipulate and agree that the mediation will occur on December 7, 2009. 2 STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW 1 IT IS SO STIPULATED. 2 3 Dated: September 10, 2009 GORDON & REES LLP 4 By: /s/ Lindsay J. Hulley Lindsay J. Hulley Attorneys for Plaintiff MATSUNOKI GROUP, INC., doing business as HAIKU HOUSES 5 6 7 8 Dated: September 10, 2009 LEWIS BRISBOIS BISGAARD & SMITH LLP 9 By: /s/ Rowena C. Seto Rowena C. Seto Attorneys for Defendants TIMBERWORK, INC. and EARL M. BLONDHEIM 10 11 12 13 Dated: September 10, 2009 DONAHUE GALLAGHER WOODS LLP 14 By: /s/ John C. Kirke John C. Kirke Attorneys for Defendants DON PAUL and ILENE ENGLISH-PAUL 15 16 17 MEDIATOR’S CONCURRENCE 18 19 I concur in the above stipulation. 20 21 Dated: September 10, 2009 22 23 24 By: /s/ Marc LeHocky Marc LeHocky Mediator 25 26 27 28 3 STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW ORDER 1 2 Based upon the foregoing stipulation of the Parties and the Mediator’s concurrence, the 3 Court HEREBY ORDERS that the mediation previously scheduled for August 7, 2009 be and 4 hereby is continued, and that the mediation shall occur on December 7, 2009. IT IS SO ORDERED. S 8 Dated: Sept. 14 , 2009 UNIT ED 7 RT U O 6 ISTRIC ES D TC T A T RED Honorable Claudia DEWilken R O O S United District Judge IT ISStates 9 LI A H ER 12 FO lau Judge C RT 11 en dia Wilk NO 10 ____ R NIA 5 N F D IS T IC T O R C 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HKU/1053276/7014811v.1 4 STIPULATION TO CONTINUE MEDIATION DATE AND [PROPOSED] ORDER CASE NO. :08-CV-04078-CW

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